Excerpt: ... Inc. dba Crystal Chrysler Jeep Dodge Center, and Does 1 through 10. Plaintiff's complaint includes four causes of action: (1) breach of express warranty; (2) breach of implied warranty; (3) fraudulent inducement – concealment; and (4) negligent repair. On January 21, 2021, Plaintiff served an offer to compromise pursuant to Code of Civil Procedure section 998 in the amount of $125,000 plus fees, costs and expenses. (Wirtz Decl., ¶ 27.) The of...

Excerpt: ... against Defendants Pro X Motors, Inc. (“Pro X”), Altura Credit Union (“Altura”), and Hudson Insurance Company (“Hudson”). On September 1, 2020, upon the stipulation of Plaintiffs, Pro X, Altura, and Hudson, the Court ordered that Plaintiffs' claims against Pro X and Altura were to be arbitrated before the American Arbitration Association (“AAA”) and that Plaintiffs' claims against Hudson were to be stayed pending completion of ar...

Excerpt: ...”) (jointly, “Plaintiffs”) filed this action against Defendants HDSI Management, Inc. (“HDSI”) and Walton Halad Company Two, LLC (“Walton”) (jointly, “Defendants”). The Complaint asserts causes of action for fraudulent concealment, declaratory relief, and preventive injunctive relief. Defendants now move to strike the Complaint pursuant to Code of Civil Procedure section 425.16. Plaintiffs oppose. Evidence The Court rules on Pla...

Excerpt: ...ly and as successor-in-interest to the Estate of Vera Tereshchenko (“Plaintiff”) filed this wrongful death action on December 9, 2020 against Defendants New Vision Assets, Inc. (“New Vision”), WSH Management, Inc. (“WSH”)”, and Maureen McGinley (“McGinley”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) asserts causes of action for (1) negligence – wrongful death, (2) negligence – surviva...

Excerpt: ...nd James Bae (jointly, “Defendants”). Plaintiff filed its operative first amended complaint on March 15, 2021. On December 18, 2019, the Court issued an order staying this unlawful detainer action pending the completion of the related case Bae v. Park (Case No. 19STCV35553). The Court further ordered Defendants to pay rent for December 2019 and January 2020 of $6400 per month for a total of $12,8000 to Plaintiff's counsel on or before Decembe...

Excerpt: ...AINTIFFS MIKE YESSIAN AND MANDI MARTINEZ Background Plaintiffs Mike Yessian (“Yessian”) and Mandi Martinez (“Martinez”) (jointly, “Plaintiffs”) filed this action on January 13, 2020, against Defendants Garfield Beach CVS LLC dba CVS Pharmacy Store (“CVS”) and Deborah Padilla (“Padilla”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 28, 2020, and asserts causes of action for ...

Excerpt: ...t action on January 21, 2020 against Defendants Denny's, Inc. (“Denny's”) and Aron Merese (“Merese”). On March 9, 2020, Denny's filed its answer to the Complaint. After conducting discovery, Denny's discovered that additional affirmative defenses were available (specifically, workers' compensation exclusivity, no double recovery, res judicata, pre-existing condition, and alternate cause). (Schaedel Decl., ¶ 10-12.) Denny's attempted to s...

Excerpt: ... 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, Defendants filed the operative First Amended Cross-Complaint (“...

Excerpt: ...n Department 50 of the above-entitled Court before the Hon. Teresa A. Beaudet. The Court, having considered the First Amended Petition to Confirm Contractual Arbitration Award and the attachments thereto (the “Petition”), the Response to First Amended Petition to Confirm Arbitration Award, the Respondents' Amended Memorandum of Points and Authorities in Opposition to the Petition and in Support of Request to Vacate Arbitration Award, the Decl...

Excerpt: ...ff Donya Entertainment, Inc. (“Plaintiff”) filed its complaint against Defendant Farmers Insurance Exchange (“Defendant”) and Does 1 to 300 asserting a sole cause of action for tortious breach of the implied covenant of good faith and fair dealing. On February 3, 2021, Defendant filed a motion for summary judgment on the grounds that “there is no coverage of the claim sued upon under Plaintiff's insurance policy and Plaintiff, as a thir...

Excerpt: ...“Lindsey”) and Wiebke Vallentin Alpert (“Wiebke”) filed a Complaint. The operative pleading is the First Amended Complaint, which alleges causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, and (4) negligent misrepresentation against Defendants State Farm General Insurance Company (“State Farm”) and Yenny Uruquilla (�...

Excerpt: ... 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 equitable indemnity, contribution, apportionment, and to set aside and recover fraudulent conveyances. Aminpour now demurs to each of the causes of action. Aminpour also moves to strike por...

Excerpt: ...gainst Defendants 1565 Haslam, LLC, Lee Wong, Alex Cardenas aka Alejandro Cardenas, Ruben Trejo, and LW Asset Management, LLC. This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiffs alleges that it purchased the Property following a foreclosure sale and that Defendants continued to occupy the Property after service of a 90-day notice to quit and deliver up posse...

Excerpt: ...TIOUS/INCORRECT NAME) Background Plaintiff Commonwealth Land Title Insurance Company (“Plaintiff”) filed this action on July 18, 2019 against Defendants DAHC Everett Development, LLC (“DAHC”) and Edna M. Boyer aka Edna M. Boyer Clardy aka Edna B. Clardy (“Boyer”). In the Complaint, Plaintiff alleges that it issued a title insurance policy to Erika Hubbard (“Hubbard”) in relation with the purchase of the real property located at 54...

Excerpt: ...STS 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 (“Plaintiff”) 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 conve...

Excerpt: ...y 19, 2021 to confirm an arbitration award issued on February 9, 2021 in a commercial arbitration proceeding. (Pet., ¶ 8, Ex. 8(c).) Subsequently, Wehrly filed an amended petition on March 9, 2021 to correct a typographical issue on the caption of the court form. The award is for $701,098.00 as well as injunctive relief, attorney fees in the amount of $247,054.10, costs of suit in the amount of $80,030.00, legal interest at the statutory rate, a...

Excerpt: ...sserts causes of action for discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in a good faith interactive process, wrongful termination, and various wage and hour violations. HASA now moves to compel arbitration of all of Nino's claims and to stay this action pending completion of arbitration, pursuant to a binding arbitration agreement executed by Nino....

Excerpt: ...ance Company (“Mercury”) and Dean Springer (“Springer”) (jointly, “Defendants”). The Complaint asserts causes of action for inducing breach of contract, intentional interference with contractual relations, negligent interference with contractual relations, trade libel, and unfair business acts or practices. Defendants now demur to each of the causes of action in the Complaint and move to strike portions of the Complaint. Plaintiff opp...

Excerpt: ...llant NBA Automotive, Inc. (“NBA”) on October 15, 2018. On July 25, 2019, the Court issued an Amended Judgment on Appeal of Labor Commissioner's Decision, Award or Order (the “Judgment”) in favor of Defendant and Respondent Ken Gutell (“Gutell”) in the amount of $12,592.99. Thereafter, the Court granted Respondent's Motion for Attorney Fees and awarded Gutell $5,450 in attorney fees and $557 in costs. The calendar indicates that there...

Excerpt: ...Plaintiff Amannda Edwards filed her initial complaint against Defendants Securitas Security Services, USA, Inc. (“Securitas”), Frank Chavez (“Chavez”), and Does 1 through 25. Plaintiff originally asserted seven causes of action: (1) wrongful discharge in violation of FEHA (Gov. Code, § 12940, subd. (a)); (2) wrongful discharge in violation of public policy; (3) hostile work environment based on race in violation of FEHA (Gov. Code, § 12...

Excerpt: ...8, Plaintiff Christopher Barragan initiated this action against Defendants Los Angeles County Metropolitan Transportation Authority (MTA) and EFCO Corp. (EFCO). The operative First Amended Complaint (FAC), filed December 13, 2018, sets forth a claim for negligence against EFCO and a claim for statutory liability / dangerous condition of public property against MTA. EFCO moved for and was granted summary judgment on July 9, 2019. MTA now moves for...

Excerpt: ...artners LLC (“KBSP”), and MDC Venture Capital Partners US LLC (“MDC”).[1] The operative First Amended Complaint (“FAC”) was filed on September 7, 2018, and asserts causes of action for (1) sexual orientation discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) failure to prevent discrimination in violation of FEHA, and (4) wrongful termination in violation of public policy. On January 15, 2021, the Court gran...

Excerpt: ...) commenced this action against Defendants KB Home (“KB Home”), KB Homes Greater Los Angeles, Inc. (“KBLA”) and Forma Engineering, Inc. (“Forma”) for (1) trespass, (2) nuisance, (3) strict liability and (4) negligence. Plaintiffs allege as follows. In Fall 2016, KB Home and KBLA developed and supervised the construction of a 58-unit condominium project at 22001 W. Nordhoff Street, Chatsworth, CA (“Project”). KB Home and KBLA hired...

Excerpt: ...1, Brad Keith, as an individual (“Plaintiff”), suing derivatively on behalf of PB Hospitality Group, LLC (“PBH”), (jointly, “Plaintiffs”) filed the First Amended Complaint (“FAC”) against Defendants PB Endeavors, LLC, William Chase Ahders and other defendants. The FAC asserts causes of action for (1) derivative action brought on behalf of PBH (breach of contract); (2) intentional misrepresentation and concealment; (3) conversion; ...

Excerpt: ...oyment action on September 28, 2020, against Defendants Denny's Inc., Denny's Corporation, Julio Vasquez, and Does 1 through 100. Plaintiff alleges that she was, inter alia, sexually harassed by Defendant Julio Vasquez. Plaintiff now moves to quash three deposition subpoenas served by Defendant Denny's Inc. (“Defendant”) on Plaintiff's previous places of employment: (1) Arclight Cinema Company; (2) Bed Bath & Beyond; and (3) Roscoe's House of...

Excerpt: ... Company asserting 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. On March 28, 2018, Plaintiff served Defendant with Plaintiff's Judicial Council Form Interrogatories - Employment, Set One. (Declaration of Brittanee A. Marksbury (“Marksbury Dec...

Excerpt: ...ction for discrimination, retaliation, wrongful termination, and various violations of the California Labor Code alleged by Plaintiff Alan Varela against Defendant Office G. Inc. (“Office G. Inc.” or “Defendant”). On January 20, 2021, Plaintiff's counsel first noticed the deposition of Defendant's Person Most Knowledgeable (“PMK”) for purposes of discovery related to Defendant's employment policies, Plaintiff's' job performance, the c...

Excerpt: ... and Frederick Montes (“Montes”). This lawsuit arises out of Plaintiff's claim that she was subject to unlawful harassment and termination as a result of her pregnancy while employed as a general manager. As a result of her purported wrongful termination, Plaintiff seeks punitive damages against the Defendants. On February 22, 2021, Defendants filed the pending Motion to Strike portions of the Plaintiffs' Complaint pursuant to Code of Civil P...

Excerpt: ...al negligence, (3) breach of contract, and (4) conversion. Defendant now demurs to all four causes of action on grounds that the causes of action fail to state facts sufficient to constitute causes of action. Plaintiff opposes. 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 31...

Excerpt: ...ON 663 Background On May 6, 2020, Plaintiff Donya Entertainment, Inc. (“Plaintiff”) filed its complaint against Defendant Farmers Insurance Exchange (“Defendant”) and Does 1 to 300 asserting a sole cause of action for tortious breach of the implied covenant of good faith and fair dealing. On February 3, 2021, Defendant filed a motion for summary judgment on the grounds that “there is no coverage of the claim sued upon under Plaintiff's ...

Excerpt: ...of California, Inc., setting forth four claims under California's Fair Employment and Housing Act (FEHA): 1) disability discrimination; 2) failure to engage in the interactive process; 3) failure to accommodate; and 4) failure to prevent discrimination. Defendant answered on September 17, 2020 and now moves for judgment on the pleadings as to Plaintiff's Complaint and all four causes of action therein on the grounds that Plaintiff has failed to s...

Excerpt: ...dant Whittier College (“Defendant”). Plaintiff's operative Second Amended Complaint filed on May 24, 2021 asserts six causes of action for: (1) defamation; (2) retaliation (FEHA); (3) failure to prevent/investigate, remedy discrimination (FEHA); (4) retaliation (Labor Code section 1102.5); (5) sexual harassment hostile work environment (FEHA); and (6) wrongful termination in violation of public policy.[1] After unsuccessful attempts to meet a...

Excerpt: ...laint alleging causes of action for negligence, premises liability, and strict products liability. Plaintiff's cause of action for negligence is against Defendant Pacific Coast Elevator Corporations dba Amtech Elevator Services. The Complaint alleges in pertinent part that on July 11, 2017, Plaintiff entered an elevator located at 1050 Wilshire Blvd., Los Angeles, CA 90017 (the “Property”), which came to an abrupt and sudden stop and caused P...

Excerpt: ...ffs Mirtha Salgado and Odalys Cifuentes (“Plaintiffs”). In addition to sex and sexual discrimination causes of action, Plaintiffs allege hostile work environment, failure to prevent the hostile work environment, retaliation and wrongful termination. Plaintiffs filed this Complaint against the staffing agency, their employer, the alleged harasser, and the supervisor who allegedly failed to address the hostile work environment. Plaintiffs were ...

Excerpt: ...ainst Defendants 1565 Haslam, LLC, Lee Wong, Alex Cardenas aka Alejandro Cardenas, Ruben Trejo, and LW Asset Management, LLC. This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiffs alleges that it purchased the Property following a foreclosure sale and that Defendants continued to occupy the Property after service of a 90-day notice to quit and deliver up posses...

Excerpt: ...9 against various defendants. Plaintiff filed 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) construct...

Excerpt: ... FROM DEFENDANTS LATTUCA AND GANNON, AND (3) COMPEL PRODUCTION OF DOCUMENTS BY DEFENDANTS Background This matter arises from a fatal shooting which involved police officers. On April 12, 2018, Plaintiffs Estate of Zelalem Eshetu Ewnetu (the “Estate”), Abebech Tsegay Mamo, as an individual and successor in interest to the Estate (“Mamo”), Seble Zeleke, Sewunet Ewnetu, and Alemshet Tsegaye filed a Complaint. The operative pleading is the Se...

Excerpt: ...ellant NBA Automotive, Inc. (“NBA”) on October 15, 2018. On July 25, 2019, the Court issued an Amended Judgment on Appeal of Labor Commissioner's Decision, Award or Order (the “Judgment”) in favor of Defendant and Respondent Ken Gutell (“Gutell”) in the amount of $12,592.99. On February 10, 2020, the Court issued an Order on Respondent's Motion for Attorney Fees, which granted Gutell $5,450 in attorney fees and $557 in costs. There ar...

Excerpt: ...TRAL CITY COMMUNITY HEALTH CENTER, INC. (e.g., theft of public funds), and issued an incorrect audit opinion in September 2017, as to which plaintiffs, as corporate officers and whistleblowers, had provided plentiful contrary proof to Defendant, which caused the corporate bad actors to remain in power, to fire plaintiffs in March 2017, and plaintiffs not to be later reinstated. The causes of action are: 1. INTENTIONAL INTERFERENCE WITH PROSPECTIV...

Excerpt: ...r”) filed a wrongful death action against Defendants Del Amo Hospital, Inc. (“Del Amo”), and Universal Health Services Inc. (“Universal”) with regard to the death of Dawn Kraemer-Conner (“Decedent”). On September 21, 2020, Conner, as Successor in Interest to the Decedent, filed a complaint for elder abuse[1] and negligent hiring and supervision against Del Amo and Universal. On October 23, 2020, Del Amo and Universal answered the el...

Excerpt: ...of units of Plaintiff's Goods. The causes of action are: (1) BREACH OF CONTRACT; (2) EXPRESS CONTRACTUAL INDEMNITY; (3) MONEY HAD AND RECEIVED; (4) BREACH OF FIDUCIARY DUTIES. MP Positions Moving parties request an order setting aside defaults and judgment, on bases including the following:  Defendants were under the mistaken belief that they did not have to respond to the Complaint, as they were trying to settle the dispute with Plaintiff. (C...

Excerpt: ...Leana Anderson (“Anderson”), Mireya Gurrola (“Gurrola”), and Bertha Gutierrez (collectively, “Defendants”) on September 6, 2017, alleging various claims for discrimination, harassment, retaliation, failure to accommodate, failure to engage in the interactive process, violation of the California Family Rights Act (CFRA), and intentional infliction of emotional distress (IIED). The asserted bases for the discrimination/harassment/retali...

Excerpt: ...O DISMISS Background This action arises from allegations of contractual fraud in connection with a 2016 Securities Purchase Agreement (the “SPA”),[1] through which plaintiff Kramer-Wilson Company, Inc. (“KW”), sold an insurance company, Century-National Insurance Company (“CNIC”), to National General Holdings Corp. (“NG Holdings”). Plaintiff KW filed the pending action on December 21, 2020, against National General Management Corp...

Excerpt: ... Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”) (jointly, “Defendants”) on December 6, 2019. 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 J...

Excerpt: ...Construction Company (“Morley”), Benchmark Contractors, Inc., Helix Electric, Inc., and Blvd 6200 Owner South, LLC (“Blvd 6200”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2018 and asserts causes of action for (1) negligence, (2) negligence per se, and (3) premises liability stemming from injuries sustained by Cutts while working on a construction project located at 6200 Holl...

Excerpt: ...nst Defendants Joan Lewis, Lewis Lien Sales, LLC, Rosalind Randall Boateng, Armando Bonilla Jaramillo, ZMX2 Family Trust, Manuel Ulloa, Manuel Silva, Southern Baja, inc., Geico Insurance, and Carlos Rodriguez on August 21, 2020, alleging causes of action for: 1. fraud by intentional misrepresentation; 2. negligent repair; 3. negligence; 4. conversion; 5. intentional infliction of emotional distress; 6. conspiracy to participate in racketeering, v...

Excerpt: ...en”), Deanna 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 Kimbal, Tirey, and St. John LLP (“KTS”) (collectively, “Defendants”). The Complaint asserted causes of action for breach of contract, defamation per se, discrimination and malicious prosecution...

Excerpt: ...Nunez ("Plaintiff") filed the instant lawsuit against San Martin De Porres Medical Clinic of South Gate, Inc. (“Defendant” or “San Martin”). The pending action arises from allegations of age discrimination and other related work claims involving Plaintiff and San Martin, in addition to San Martin's corporate directors, officers, and/or managing agents. On December 22, 2020, the Plaintiff filed its First Amended Complaint (“FAC”), afte...

Excerpt: ...omplaint against Defendant Farmers Insurance Exchange (“Defendant”) and Does 1 to 300 asserting a sole cause of action for tortious breach of the implied covenant of good faith and fair dealing.[1] On February 3, 2021, Defendant filed this motion for summary judgment on the grounds that “there is no coverage of the claim sued upon under Plaintiff's insurance policy and Plaintiff, as a third-party claimant, has no standing to sue for breach ...

Excerpt: ...NT Background Plaintiff Spartak Ghazaryan (“Ghazaryan”) filed this action on July 18, 2019 against, among others, Defendant Mercury Insurance Group (“Mercury”). The operative Third Amended Complaint (“TAC”) was filed on November 5, 2020 and asserts causes of action for (1) breach of contract, (2) implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, (4) negligence, (5) intention...

Excerpt: ...COMPLAINANT'S CROSS-COMPLAINT MOTION OF CROSS-DEFENDANT SANDRA HEFFESSE'S, IN HER INDIVIDUAL CAPACITY AND TRUSTEE OF COLDWATER CANYON TRUST, TO STRIKE PORTIONS OF CROSS- COMPLAINANT'S CROSS-COMPLAINT Background On July 9, 2020, Plaintiff Sandra Heffesse Trustee of Coldwater Canyon Trust (“Plaintiff”) initiated this action by filing a complaint against Defendant Claudia Yesenia Mendez Toledo (“Toledo”), and Does 1-25 alleging (1) trespass,...

Excerpt: ...ebruary 5, 2019, Plaintiffs Kelly Ching and Karel Kooper (jointly, “Plaintiffs”) commenced this action against St. George Auto Group dba STG Auto Group aka STUG Auto Action Inc. (“STG”). On April 12, 2019, STG filed a cross-complaint against Plaintiffs. On February 25, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) against STG, Nabel Zia, and Mission Volkswagen, Inc. dba Capistrano Volkswagen (“Mission”) for (1) violatio...

Excerpt: ...el E. Green (“Green”), William G. Marinelli (“Marinelli”) and Virginia O'Neal (“O'Neal”). Default judgment for possession only was entered against all Defendants on December 9, 2019 and judgment for possession only was entered on December 20, 2019. On February 24, 2020, Plaintiff filed a request for default for monetary damages against all Defendants, and a monetary judgment was entered on July 2, 2020. However, Green and Marinelli su...

Excerpt: ... (“Sloan”), Dana Cole (“Cole”), and Milton Grimes (“Grimes”).) Plaintiff alleges against defendants Clary, Sloan, Cole, and Grimes (collectively, “Defendants”) a cause 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. Grimes filed this Motion to Stay or Dismiss Case due to a separate action pending befor...

Excerpt: ...ction 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. Code § 226), (7) failure to pay ...

Excerpt: ...l distress case arising out of the mishandling of the remains of Decedent Uzoma Ibeogu (“Decedent”). Plaintiffs Wadenya Amenya (“Wadenya”) and Terrence Amenya (“Terrence”), a minor, by and through his guardian ad litem, Wadenya Amenya (jointly, “Plaintiffs”) filed the instant action on September 19, 2017 against Defendants Angelus Funeral Home (“Angelus”), Todd Davenport (“Davenport”), Blanche McConnell (“McConnell”), ...

Excerpt: ...ROSS-ACTION Background On March 2, 2020, Plaintiff Shahram “Ray” Golbari (“Golbari”) filed this action against Defendant Saeid “Steve” Aminpour (“Aminpour”). The operative First Amended Complaint (“FAC”) was filed on September 17, 2020 and asserts causes of action for equitable indemnity, contribution, apportionment, and to set aside and recover fraudulent conveyances. Aminpour now demurs to each of the causes of action. Aminp...

Excerpt: ...intiff's Property”). (Compl., ¶ 8.) Defendant Boo K. Kim is the owner of and holds title to the real property located across the street from Plaintiff's Property at 1800 West Adams Boulevard, Los Angeles, CA 90018 (“Defendants' Property”). (Compl., ¶ 9.) Plaintiff's Property benefits from a parking covenant (the “Covenant”) that burdens Defendants' Property. (Compl., ¶ 10.) The covenant states in pertinent part that the owners and ti...

Excerpt: ...tive pleading is the First Amended Complaint (“FAC”) which was filed on November 23, 2020. The FAC contains causes of action for breach of contract and quasi- contract/restitution against Defendants Chiieh Yung Metal Ind. Corp. (“Chiieh Yung”) and CYM Industrial Corp (“CYM”) (jointly “Defendants”). The FAC states in pertinent part as follows. Plaintiff Chin Wells Fasteners (Vietnam) Co., LTD. (“Plaintiff”) is a manufacturer of...

Excerpt: ...��), Deanna 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”). In the Complaint, Plaintiffs allege that Welch and Carcamo have a lease agreement with Walton to reside in an apartment unit subsidized by HUD. (Compl., pp. 1-2...

Excerpt: ...ction on August 17, 2020 against Defendants Daniel Leighton (“Leighton”), John Tannet (“Tannet”), Metro Intelligence, and One Matrix Models. Default Judgment Default was entered against One Matrix Models on October 5, 2020. Default was entered against Tannet on October 15, 2020. Leighton filed an Answer on October 23, 2020. Beck requests entry of default judgment against Tannet in the total amount of $10,875 ($10,000 demanded in the Compl...

Excerpt: ...[TENTATIVE] ORDER RE: CROSS-DEFENDANTS MORE LUCKY CATS INC. DBA KELLER WILLIAMS REALTY WESTSIDE, OMID SALEH AND DAVID YASHAR'S MOTION FOR GOOD FAITH DETERMINATION PURSUANT TO CODE OF CIVIL PROCEDURE § 877.6(a)(1) AND RELATED CROSS-ACTION Background On November 30, 2018, Plaintiffs Rancho Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Es...

Excerpt: ...ong Beach (the “City”), Raul Romero (“Romero”), and Carl[1]. The Complaint asserts causes of action for discrimination in violation of FEHA, harassment in violation of FEHA, retaliation in violation of FEHA, intentional infliction of emotional distress, wrongful termination in violation of public policy, failure to prevent discrimination, assault, negligent infliction of emotional distress, negligent hiring and retention, and malicious pr...

Excerpt: ...Beach (the “City”), Raul Romero (“Romero”), and Carl[1]. The Complaint asserts causes of action for discrimination in violation of FEHA, harassment in violation of FEHA, retaliation in violation of FEHA, intentional infliction of emotional distress, wrongful termination in violation of public policy, failure to prevent discrimination, assault, negligent infliction of emotional distress, negligent hiring and retention, and malicious prosec...

Excerpt: ...E DAMAGES CLAIM RELATING TO BUILDING C; DEFENDANT BEVERLY HILLS UNIFIED SCHOOL DISTRICT'S MOTION TO EXCLUDE EVIDENCE THAT THE EXCLUSIVE SUBSURFACE EASEMENT COULD HAVE BEEN MODIFIED TO ACCOMMODATE BUILDING C Background This is an eminent domain action. Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) seeks to acquire subsurface tunnel easements beneath the Beverly Hills High School Campus for the purpose of the con...

Excerpt: ...ive Second Amended Complaint (“SAC”) was filed on March 30, 2020, and asserts causes of action for (1) breach of fiduciary duty by attorney, (2) legal malpractice, (3) unfair competition, (4) false advertising, (5) fraud, (6) constructive fraud, (7) negligent misrepresentation, (8) intentional infliction of emotional distress, (8) negligent infliction of emotional distress, (10) breach of contract, (11) breach of the covenant of good faith an...

Excerpt: ... LLP IN THE SUM OF $15,000.00; DEFENDANTS' JOINT DEMURRER TO COMPLAINT Background On October 28, 2019, Plaintiffs Willie F. McMullen, Jr. (“McMullen”), Deanna 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”) (collectiv...

Excerpt: ... 23, 2019 against Mundo Terra USA Holdings Corporation, Mundo Terra CA LLC, and Hector Miron (“Miron”). The operative First Amended Complaint (“FAC”) was filed on November 4, 2019 and asserts causes of action for (1) failure to pay minimum wage in violation of the California Industrial Welfare Commission Wage Order MW-2017 and California Labor Code section 1182.2, (2) failure to pay overtime hours pursuant to California Labor Code section...

Excerpt: ...ndant Rose Bowl Operating Company (“RBOC”). The Complaint asserts causes of action for (1) discrimination on the basis of age and medical condition in violation of California Government Code § 12940 et seq., (2) age harassment in violation of California Government Code § 12940 et seq., (3) wrongful termination in violation of public policy, (4) breach of contract and covenant of good faith and fair dealing, and (5) retaliation in violation ...

Excerpt: ...led this action on July 25, 2019 against Defendants Moo Han Bae aka William Bae (“Bae”), Gap Jae Cho (“Cho”), and Il Soon Choi (“Choi”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on June 30, 2020. The FAC asserts causes of action for slander and libel. Defendants now move, pursuant to Code of Civil Procedure section 425.16, for an order striking the FAC. Lee opposes. Defendants also d...

Excerpt: ...Bae and James Bae (jointly, “Defendants”). On December 18, 2019, the Court issued an order staying this unlawful detainer action pending the completion of the related case Bae v. Park (Case No. 19STCV35553). The Court further ordered Defendant to pay rent for December 2019 and January 2020 of $6,400 per month for a total of $12,800 to Plaintiff's counsel on or before December 23, 2019. The parties were also ordered to meet and confer over the...

Excerpt: ...KE PORTIONS OF PLAINTIFF'S COMPLAINT Background Plaintiff Pyramid Technologies, Inc. (“Pyramid”) filed this 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 breach of contract, fraud, and conversion arising from the lease of the real property located at 1724 Aeros Way, Montebello, California (the “Proper...

Excerpt: ...isten Pascarella (“Pascarella”) filed this action on May 7, 2018. The operative Third Amended Complaint (“TAC”) was filed on March 22, 2019. Of the 16 causes of action asserted in the TAC, eight remain: (1) breach of implied warranty of habitability/tenantability, (2) breach of covenant of quiet enjoyment, (3) negligence, (4) retaliation, (5) negligent infliction of emotional distress, (6) intentional misrepresentation, (7) negligent misr...

Excerpt: ...OOSA HEIKALI Background This is a qui tam action brought by Relator State Farm Mutual Automobile Insurance Company (“State Farm”) on behalf of the People of the State of California against Defendants F&M Radiology Medical Center, Inc. (“F&M”), Moosa Heikali (“Heikali”), and Bahram Tabibian, M.D. (“Tabibian”). The Complaint asserts a cause of action for violation of the Insurance Frauds Prevention Act (Insurance Code section 1871.7...

Excerpt: ... and preliminary injunction on July 16, 2020 against Defendants A.C.A. Experts, Inc. (“ACA”), Joon Kim, (“J. Kim”), Shin Kim (“S. Kim”), and Somerset Business Partners, L.P. (“Somerset”). Somerset now demurs to each cause of action of the Complaint on the ground that each fails to state facts sufficient to constitute a cause of action. The demurrer is unopposed. Request for Judicial Notice The Court denies Somerset's request for j...

Excerpt: ...��) filed this action against Defendants John Gould (“Gould”), Sylvia A. Gould (“Sylvia Gould”), and John Thomas Gould (“JT Gould”) (collectively, “Defendants”) on May 26, 2020. The First Amended Complaint (“FAC”) was filed on July 31, 2020[1] and asserts causes of action for (1) libel per se, (2) slander per se, (3) intentional infliction of emotional distress, (4) extortion, (5) impersonation by electronic means in violation...

Excerpt: ...Benitez (jointly, “Plaintiffs”) filed this personal injury action on April 8, 2016. This action arises from injuries sustained by Hernandez when he was allegedly struck by a dumpster or container that was pushed into him by a tractor‐trailer backing up into the loading dock of a Food 4 Less store near where Hernandez was working. The tractor‐ trailer was allegedly being driven and operated by Rodolfo Trujillo (“Trujillo”). In the Comp...

Excerpt: ...iff Center West (“Plaintiff”) filed this action against Defendants Stephen A. Silverman Law Corporation (the “Law Firm”) and Stephen A. Silverman (“Silverman”) (jointly, “Defendants”) asserting causes of action for breach of contract. Plaintiff alleges that it leased certain commercial real estate property to Defendants, and that Defendants breached the lease by failing to pay rent due. Defendants now move for a stay of proceeding...

Excerpt: ...September 15, 2020, the Court issued an order granting Plaintiff's motion for summary judgment. On September 17, 2020, Plaintiff filed a proposed judgment. Towle subsequently filed objections to the proposed judgment, and on October 26, 2020, the Court issued an order rejecting the proposed judgment without prejudice to Plaintiff filing a regularly noticed motion for attorney fees and costs, setting forth the basis for the fee and cost request an...

Excerpt: ...nd Plaintiffs Barbara and David Darwish, as trustees of 1810 Stanford St. Trust (jointly, “Plaintiffs”) filed this action on April 11, 2019 against Defendants Dennis Angel (“D. Angel”), Brian Angel (“B. Angel”), 6 Angels LLC (“6 Angels”), Prime Rentals LLC (“Prime Rentals”), Giselle Properties, Inc. (“Giselle”), and Peter Baer (“Baer”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) ...

Excerpt: ...ffs”), on behalf of themselves and all others similarly situated, move for an order granting preliminary approval of the class action settlement entered into with Defendant Penhall Company (“Penhall”). The motion is unopposed. On January 13, 2021, the Court issued an order determining that the settlement appeared to be fair and reasonable but ordered the parties to submit a copy of the Class Notice for review. The Court notes that the Class...

Excerpt: ...d Gun Club Inc. (“Plaintiff”) filed this action. The operative First Amended Complaint (“FAC”) asserts causes of action for breach of contract and breach of the covenant of good faith and fair dealing against Defendant Chicago Title Insurance Company (“Defendant”). Defendant now demurs to both causes of action on the ground that each fails to state facts sufficient to constitute a cause of action. Plaintiff opposes. Discussion In the ...

Excerpt: ...d this employment action against Defendants City of Industry Hospitality Venture, LLC and The Spearmint Rhino Companies Worldwide, Inc. (jointly, “Defendants”) on January 16, 2020. In her Complaint, Moreira asserts causes of action for various wage and hour violations of the Labor Code and violation of Business and Professions Code section 17200, as well as a cause of action for penalties pursuant to Labor Code section 2698 et seq. (the “PA...

Excerpt: ...) filed this action on July 2, 2018 against Defendants Sotheby's International Realty, Inc. (“Sotheby's”) and Marcus Beck (“Beck”) (jointly, “Defendants”). On August 14, 2018, Beck removed this action to federal court. In the federal action, Plaintiff filed a First Amended Complaint (“FAC”) on November 30, 2018. On March 12, 2019, the court in the federal action granted Plaintiff's motion to remand the case back to state court. Th...

Excerpt: ...gainst Defendants Beverly Smith (“Smith”), Cheryl Hickmon (“Hickmon”), and Delta Sigma Theta Sorority, Inc. (“Delta”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020 and asserts causes of action for breach of contract, breach of the covenant of good faith fair dealing, violation of the Unfair Competition Law, declaratory relief, injunctive relief, intentional infliction ...

Excerpt: ...intiff Childhelp, Inc. (“Childhelp”) filed this action on July 2, 2018 against, inter alia, Defendant City of Los Angeles (the “City”). Childhelp's operative Fourth Amended Complaint (“4AC”) was filed on July 13, 2020. On February 8, 2019, the Court issued an order consolidating the instant action with City of Los Angeles v. Childhelp, Inc., Case No. 18STUD10815 (the “Unlawful Detainer Action”). The City filed the Unlawful Detaine...

Excerpt: ...urity Services, USA, Inc. (“Securitas”) and Frank Chavez (“Chavez”) (jointly, “Defendants”) move for summary judgment or, in the alternative, summary adjudication of each of the causes of action of the Complaint of Plaintiff Amannda Edwards (“Plaintiff”). The Court heard oral argument on this matter on October 15, 2020, and subsequently, the Court ordered the parties to file supplemental briefing regarding the wrongful discharge c...

Excerpt: ...a Sincore-Templeton (“Templeton”) filed this action on July 24, 2020 against Defendants Beverly Smith (“Smith”), Cheryl Hickmon (“Hickmon”), and Delta Sigma Theta Sorority, Inc. (the “Sorority”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020 and asserts causes of action for breach of contract, breach of the covenant of good faith fair dealing, violation of the Unfai...

Excerpt: ...ON Background Plaintiff Michael Russell (“Russell”) filed this action on December 12, 2018. The operative Third Amended Complaint (“TAC”) was filed on November 9, 2020. In the TAC, Russell alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Spec Concepts, Inc. (“Spec”) now demurs to the second cause of action of the TAC on the ground that it fails to state facts suffic...

Excerpt: ...CTION Background Plaintiff Michael Russell (“Russell”) filed this action on December 12, 2018. The operative Third Amended Complaint (“TAC”) was filed on November 9, 2020. In the TAC, Russell alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Spec Concepts, Inc. (“Spec”) now demurs to the second cause of action of the TAC on the ground that it fails to state facts suf...

Excerpt: ...ntiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo 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) unfair business competition. On June 30, 2020, Plaintiffs filed an ...

Excerpt: ...19 against Defendants Pyramid Technologies, Inc. (“Pyramid”) and Anthony Mavusi (“Mavusi”) (jointly, “Defendants”). Default was entered against Defendants on October 18, 2019, and a clerk's judgment for possession of the subject premises was issued on October 21, 2019. Defendants now move to vacate the default and the default judgment. Plaintiff opposes. On January 6, 2021, following oral argument at the original hearing on this matte...

Excerpt: ...CLAREN AUTOMOTIVE INC.'S MOTION FOR SUMMARY JUDGMENT AND RELATED CROSS-ACTION Background Plaintiff Alexander Weinberger (“Weinberger”) filed this Lemon Law action on March 7, 2019 against Defendants McLaren Automotive, 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 bre...

Excerpt: ...RIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT Background Plaintiffs Alexander Nabil Bassily and Nabil Bassily Sr. (jointly, “Plaintiffs”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) on December 4, 2019. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. violation of subdivision (d) of Civil Code section 1793.2; 2. violation of subdivision (b) of Civil Code section 179...

Excerpt: ...)(1) AND RELATED CROSS-ACTION Background On November 30, 2018, Plaintiffs Rancho Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”) for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contrac...

Excerpt: ...iled this legal malpractice action on August 20, 2019 against Defendants Patricia Glaser, Glaser Weil LLP (“Glaser Weil”), and Adam Pines (collectively, “Defendants”). Defendants now move to compel Plaintiffs to arbitration. No opposition to the motion was filed, but a declaration by Plaintiffs' counsel was filed on January 13, 2021, requesting a continuance. Plaintiffs request a continuance on the instant motion because the judgment that...

Excerpt: ... MANAGEMENT, INC. AND THEIR ATTORNEYS OF RECORD Background Plaintiff Sol De La Cruz (“Plaintiff”) filed this employment action on May 16, 2019 against, among others, Defendants Dayan Property Services, LLC (“DPS”) and Fortuna Asset Management Inc. (“Fortuna”) (jointly, “Defendants”). On July 11, 2019, Plaintiff served Defendants with the following written discovery requests: Form Interrogatories – General, Set One; Form Interrog...

Excerpt: ...ention Partners LLC (“AP”), Kirshenbaum Bond Senecal & Partners LLC (“KBSP”), and MDC Venture Capital Partners US LLC (“MDC”).[1] The operative First Amended Complaint (“FAC”) was filed on September 7, 2018, and asserts causes of action for (1) sexual orientation discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) failure to prevent discrimination in violation of FEHA, and (4) wrongful termination in vio...

Excerpt: ...��) on October 15, 2018. On July 25, 2019, the Court issued an Amended Judgment on Appeal of Labor Commissioner's Decision, Award or Order (the “Judgment”) in favor of Defendant and Respondent Ken Gutell (“Gutell”) in the amount of $12,592.99. On February 10, 2020, the Court issued an Order on Respondent's Motion for Attorney Fees, which granted Gutell $5,450 in attorney fees and $557 in costs. Gutell now moves to amend the Judgment to ad...

Excerpt: ...s”), on behalf of themselves and all others similarly situated, move for an order granting preliminary approval of the class action settlement entered into with Defendant Penhall Company (“Penhall”). The motion is unopposed. Discussion Preliminary Approval of Class Action Settlement 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] f...