Excerpt: ...her the complaint alleges a cognizable wrong or whether the plaintiff can prove damages.” The Miller court noted that “‘[n]ot all attorney conduct in connection with litigation, or in the course of representing clients, is protected by section 425.16' [Citation].” (Id. at 257.) In the Miller case, the court did not afford anti-SLAPP protection where there were “communications between the parties' respective counsel” in a Cumis context...

Excerpt: ..., L.P. (“MDR”) and MDR Boat Central, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (the “Board”) (jointly, “Defendants”). The gravamen of the Complaint concerns certain agreements entered into between MDR and the County regarding the lease, development, and operation of a boat storage f...

Excerpt: ...d The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduciary duty, fraud (misrepresentation), fraud ...

Excerpt: ...NK, N.A. AS TRUSTEE; MOTION TO STRIKE PORTIONS OF THE THIRD AMEND COMPLAINT BY DEFENDANTS JP MORGAN CHASE BA N N.A., WELLS FARGO BANK, N.A. AS TRUSTEE AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, I N Background On March 25, 2013, Plaintiff Karan J. Russell (“Russell”) filed this action arising out of the foreclosure of her home located at 5432 Eighth Avenue, Los Angeles, California 90034 (the “Property”). The Second Amended Complaint (�...

Excerpt: ...8 against Defendant Leonie Industries, LLC (“Leonie”). This action[1] arises from a dispute between Chidiac and Leonie (and Leonie's Board) over Chidiac's rights as a Leonie co-founder and co- owner. On May 6, 2019, Chidiac filed the operative Second Amended Complaint (“SAC”) against Leonie and Defendants Rema Chidiac-DuPont (“DuPont”), Scott C. Black (“Black”), Tabetha Chandler (“Chandler”), Charles Thomas (“Thomas”), and...

Excerpt: ... (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51.7), and v...

Excerpt: ...rprises, Inc., and India's Grill, Inc. (“India's Grill”) (collectively, “Plaintiffs”) filed this legal malpractice action on against, among others, Defendant Christian Molnar (“Molnar”). On August 29, 2014, Molnar filed a Cross-Complaint against Plaintiffs for breach of contract. After the conclusion of trial, the Court found in favor of Molnar and against Plaintiffs. On May 8, 2019, the Court entered judgment in favor of Molnar and a...

Excerpt: ..., 2016, Plaintiffs Rosemary Perera, Ramesh Perera, Gihan Perera, and GRR Capital, LLC (collectively, “Plaintiffs”) filed a complaint against, inter alia, Defendant Title Experts, LLC (“Title Experts”) (the “Underlying Action”). In the Underlying Action, Plaintiffs allege that the defendants advised on, marketed, and sold certain investment properties in St. Louis, Missouri to Plaintiffs, claiming that the properties would be rehabilit...

Excerpt: ... IN T NECESSITY TO THE CERTIFIED A D BEVERLY HILLS UNIFIED SCHOO L AUGMENT ADMINISTRATIVE RE C Background This is an eminent domain action. Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) seeks to acquire subsurface tunnel easements for the purpose of the construction of an extension of the Purple Line subway. Prior to the filing of this action, the Board of the LACMTA adopted the required resolutions of necessit...

Excerpt: ...nd Brick Resurrection on Cherokee. Frame alleges that Robbins is in the business of managing and leasing apartment units, and that Frame was hired by Robbins to be Vice President of Operations. (Compl., ¶ 10.) As part of her compensation, Frame was provided a rental unit to live in. (Compl., ¶ 10.) Frame was employed from on or about November 20, 2016 to February 12, 2018. (Compl., ¶ 10.) Frame asserts various causes of action for violation of...

Excerpt: ...Defendants Gianni Quezada aka Gianni M. Quezada aka Gianni Manuel Quezada (“Quezada”), R&G Drywall and Plaster Inc. (“R&G”), and The Pasadena Plaster Co. Inc. (“Pasadena Plaster”). The operative First Amended Complaint (“FAC”) was filed on July <0003004500550048004400 00510057005500440046[t, (2) open book account, (3) <0003004900550044005800 470011[ Plaintiff now moves for summary adjudication of the first cause of action for brea...

Excerpt: ..., Inc., a California Corporation dba Glenn E. Thomas Dodge Chrysler Jeep (“Thomas”) (jointly, “Defendants”) for violations of the Song‐Beverly Act. In response to this lawsuit, on August 23, 2016, Defendants answered, denying all liability and asserting several affirmative defenses. Defendants also served Plaintiff with an offer to compromise pursuant to Code of Civil Procedure section 998 for $49,000 (the “First 998 Offer”). Plaint...

Excerpt: ...ant County of Los Angeles (the “County”) on December 8, 2017. Ahdunko was a probationary firefighter with the Los Angeles County Fire Department until he was terminated from his position. <0047000300360053004800 0048005500550052004a[atories, Set No. One (comprising five interrogatories) on the County. (Haney Decl., ¶ 2, Ex. 1.) On October 5, 2018, the County served its responses to the special interrogatories. (Haney Decl., ¶ 3, Ex. 2.) On ...

Excerpt: ...icas) Inc. (“Yusen”), Hideo Saito (“Saito”), Taka Endo (“Endo”), and Scott Corless (“Corless”) (collectively, “Defendants”). Petzold asserts causes of action for FEHA discrimination, FEHA retaliation, FEHA failure to prevent discrimination and retaliation, wrongful termination in violation of public policy, defamation, and intentional infliction of emotional distress. Petzold alleges that he was hired to work for Yusen in or a...

Excerpt: ...l malpractice action against Defendants Russell W. Roten (“Roten”) and Duane Morris (the “Law Firm”). A First Amended Complaint by Client Against Law Firm and Former CEO, for Secretly Representing Interests of Former CEO Over Interests of Client (“FAC”) was filed on May 21, 2015, which added Andrew P. Scott (“Scott”) as a defendant. On June 22, 2015, Scott filed an Answer to the FAC. On September 16, 2015, the Court set an initial...

Excerpt: ...vek”) filed this employment action against Defendant County of Los Angeles (the “County”) on March 2, 2018. The operative First Amended Complaint (“FAC”) was filed on July 20, 2018. The FAC asserts causes of action for FEHA retaliation and whistleblower retaliation (Labor Code § 1102.5). The County now demurs to both causes of action. The County also moves to strike portions of the FAC. Pavek opposes both. Request for Judicial Notice T...

Excerpt: ...flecting $1,000,000 demanded in the complaint, $109,825.06 in interest, and $708.50 in costs. The Court notes a number of issues with the submitted default judgment package. First, the Request for Court Judgment shows $1,110,533.56 in credits acknowledged, which would result in a balance of $0.00 on the judgment to be entered. Second, Plaintiff has failed to sufficiently prove up her damages. The court is required to render default judgment only ...

Excerpt: ...orth America, Inc. (“NNA”). The operative First Amended Complaint (“FAC”) was filed on December 26, 2018, although the Court notes that the FAC does not appear in the Court's records as having been filed at all. (Resnick Decl., ¶ 4, Ex. B.) The FAC asserts causes of action pursuant to the Song-Beverly Consumer Warranty Act and alleges that NNA manufactured vehicles with transmission defects that were purchased by the plaintiffs. Eighty-t...

Excerpt: ...710261 Hearing Date: May 16, 2019 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: MOTION TO COMPEL ARBITRATI O PENDING ARBITRATION Background Plaintiff Laira Yazhira De La Vega (“Plaintiff”) filed this employment action on June 15, 2018 against Defendants International Education Corporation (“IEC”) and Ricardo (Richard) Grizzelle (“Grizzelle”) (jointly, “Defendants”), asserting causes of action under FEHA, including discrimination, ...

Excerpt: ...y Counsel for the County of Los Angeles (the “State”) and the County of Los Angeles (the “County”) (jointly, “Plaintiffs”) filed this action on August 23, 2018 against Defendants 15319 <003c005200580051004a00 000300140016000f0003[2019, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Avalon, New Divisions Capital, Inc., Avalon 25 Cap, also known as Avalon, and Amanda Shipkey (collectively, “Defendants”). ...

Excerpt: ... (“Molina”) opposes. This Song-Beverly Act action was filed on May 22, 2018. Since the filing of this action, GM has served two sets of discovery and noticed a deposition of Molina. (Dankert Decl., ¶ 10.) Molina's deposition was set for May 8, 2019. The Court is not in receipt of a reply from GM, so it is unclear whether Molina's deposition went forward on May 8, 2019. In any event, GM has not yet been able to complete expert depositions. (D...

Excerpt: ... Labor Commissioner as the California Private Attorney General, on July 28, 2017 against Defendant Southwest Wine & Spirits, LLC (“Defendant”). The Complaint asserts causes of action for violations of the Labor Code for failure to provide and maintain accurate itemized wage statements and maintain records, failure to provide rest breaks, and failure to pay timely wages upon termination, as well as causes of action for violations of FEHA and w...

Excerpt: ...geles Department 50 ODITO A. PASCUA, Plaintiff, vs. EF T. MERHI, et al. Defendants. Case No.: BC 614772 Hearing Date: May 15, 2019 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: DEFENDANT YOUSSEF T. MERHI'S MOTION FOR SUM M ADJUDICATION Background On March 25, 2016, Plaintiff Epafrodito A. Pascua (“Pascua”) filed this action against various defendants asserting 15 causes of action. The operative Second Amended Complaint (“SAC”) was filed o...

Excerpt: ...Yohan Knipe, and Joseph Feldman (collectively, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on July 3, 2018. Defendants filed a demurrer to the SAC, and the Court sustained the special demurrer as to the entire SAC on the ground that the written settlement agreement underlying the SAC was not attached in full as an exhibit to the complaint. The Court also sustained the general demurrer to the constructive fraud ...

Excerpt: ...��); Cordi v. Venture Property Management, Case No. BC709533 (the “Cordi Matter”); Hallowell v. Venture Property Management, Case No. 18STCV04993 (the “Hallowell Matter”) (collectively, with the instant case, the “Related Matters”). In all of the Related Matters, Plaintiffs Sondra Lindsay Grossman (“Grossman”), Kristen Pascarella (“Pascarella”), Vincent Cordi (“Cordi”), and David Hallowell (“Hallowell”) (collectively, ...

Excerpt: ...eles, and the County of Los Angeles (collectively, “Plaintiffs”) seek leave to amend their Complaint. The original Complaint was filed on August <0053004800550057004c00 005100470003002d0048[ffery Young. Default was entered against Defendant 15319 Avalon Properties LLC on December 11, 2018. Defendant Jeffery Young was dismissed on January 24, 2019. Trial in this matter has not been set. Discussion Pursuant to Code of Civil Procedure section 47...

Excerpt: ...efendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained homeowner...

Excerpt: ...ter alia, Defendant City of Los Angeles (the “City”) and various police officers in the Los Angeles Police Department (“LAPD”). The Complaint asserts causes of action for assault and battery, false arrest and imprisonment, negligent training, retention, and hiring, violation ofCivil Code section 52.1 (the “Bane Act”), and violation of Civil Code section 51.7 (the “Ralph Act”). Plaintiff now moves for an order directing the LAPD to...

Excerpt: ...& Resorts, and Jack Russell on November 14, 2018. The Complaint asserts various FEHA causes of action as well as a cause of action for defamation. Defendant M&C Hotel Interests, Inc. (erroneously sued as Millennium Biltmore Hotels & Resorts and Millennium Biltmore Hotel – Los Angeles) (“Defendant”) now demurs to the defamation cause of action on the grounds that it fails to state facts sufficient to constitute a <0003005200530053005200 5600...

Excerpt: ...iff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative First Amended Complaint (“FAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51.7), violation of Bane...

Excerpt: ...ter alia, Defendants Title 365 and Stewart Title Company (jointly, the “Title Defendants”). The operative Verified First Amended Complaint, filed August 15, 2017, alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that prior to the clos...

Excerpt: ...ction on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative First Amended Complaint (“FAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civ. Code § 51.7), violation of Banes Civil Rights Act (Civ. Code § 52.3), and n...

Excerpt: ...3) FRO M CHERNICK, AS INDIVIDUALS (3) THE LIBERTY DEFENDANTS' M FURTHER RESPONSES TO SPE C (SET NO. 3) FROM DINA AND N I TRUSTEES (4) THE LIBERTY DEFENDANTS' M FURTHER RESPONSES TO SPE C (SET NO. 3) FROM DINA AND N I INDIVIDUALS Background Plaintiffs Dina B. Chernick and Nina L. Chernick, individually, and in their respective capacities as trustees of the Survivor's Trust Subtrust of the Chernick Family Trust (collectively, “Plaintiffs”) file...

Excerpt: ...n G. Schaefer, individually and as the Trustee of the Susan G. Schaefer Trust dated October 11, 1990, and Daniel W. Schaefer, as the Trustee of the Daniel W. Schaefer Trust dated October 11, 1990 (collectively, “Plaintiffs”) filed this action on September 21, 2018 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”), and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”)...

Excerpt: ...nts naming James Larson and Michael Larson in place of doe defendants. The Complaint asserts causes of action for breach of the implied warranty of habitability, general negligence, nuisance, breach of contract, and invasion of privacy and seeks punitive damages. Defendants Laura Larson, James Larson, and Michael Larson (collectively, “Defendants”) now move to strike the punitive damages allegations from the Complaint. Plaintiff opposes. Lega...

Excerpt: ... (“FIE”). The operative First Amended Complaint (“FAC”) asserts causes of action for discrimination in violation of FEHA (based on age, gender, and race), retaliation in violation of FEHA, failure to prevent discrimination in violation of FEHA, and discrimination against public policy (based on age, gender, and race) stemming from his alleged demotion from a Special Investigations Unit Zone Manager. FIE and defendant Farmers Group, Inc. (...

Excerpt: ...nts Centinela Skilled Nursing & Wellness Centre West, LLC and Centinela Skilled Nursing & Wellness Centre East, LLC (jointly, “Defendants”). Plaintiff asserts violations of the Fair Employment and Housing Act, in particular, discrimination, failure to engage in the interactive process, failure to accommodate, retaliation, and wrongful termination in violation of public policy. Defendants now move for an order compelling arbitration pursuant t...

Excerpt: ...otice”). The Notice indicates that a request for dismissal will be filed no later than November 28, 2019. Once the Court was made aware of the settlement, the Court set a status conference re: status of signed settlement agreement for January 30, 2019. On January 30, 2019, the Court was informed that the parties had not signed the settlement agreement. The Court ordered Plaintiff to file a motion to set aside the Notice by February 6, 2019. Now...

Excerpt: ...istrict”) and Self-Insured Schools of California II (“SISC II”) (jointly, “Plaintiffs”) filed this action on May 31, 2017 against Defendant Southern California ReLiEF (“SCR”). The Complaint asserts causes of action for (1) declaratory relief – duty to defend, (2) declaratory relief - equitable subrogation, (3) declaratory relief - equitable indemnity, and (4) declaratory relief - equitable contribution. SCR now moves for summary j...

Excerpt: ...national Education Corporation (“IEC”) and Ricardo (Richard) Grizzelle (“Grizzelle”) (jointly, “Defendants”), asserting causes of action under FEHA, including discrimination, retaliation, and harassment, as well as causes of action for battery and assault. Plaintiff alleges that she was employed by IEC, and that Grizzelle was her supervisor. (Compl., ¶¶ 9, 11.) Plaintiff's claims in this lawsuit arise from a November 2017 work trip,...

Excerpt: ...by the voters in 1986, Proposition 65 (Health & Saf. Code, § 25249.5 et seq.) was designed to prevent the contamination of drinking water with, and generally protect the public from unknowing exposure to, harmful chemicals. Section 25249.5 provides in part: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where ...

Excerpt: ... the hearing on the motion for attorneys' fees, costs, and expenses because the parties had failed to lodge required courtesy copies of the moving and opposing papers. The parties were ordered to lodge courtesy copies at least 5 court days prior to the date of the continued hearing. The Court did not receive any lodged courtesy copies by either party by the deadline, or at any time subsequently. The Court construes the moving party's failure to c...

Excerpt: ...e action for declaratory relief, reimbursement, and unjust enrichment against Defendants Sunzone Real Estate Group dba The Real Estate Group (“TREG”), Joseph S. Yarman (“Yarman”), Robin Jordan (“Jordan”), Truck Insurance Exchange, Protective Specialty Insurance Company, Weintraub Financial Services, Inc. (“Weintraub”), and WFS 7650 Balboa, LLC (“WFS”). On January 7, 2019, Weintraub and WFS filed a First Amended Cross-Complaint...

Excerpt: ... (“Pennacle”) and Carolyn Ruffin (“Ruffin”). On July 23, 2018, Plaintiff filed the operative First Amended Complaint, adding Sandra Swain (“Swain”) as a defendant and seeking money damages (Pennacle, Ruffin, and Swain heretofore to be referred to collectively as “Defendants”). On August 29, 2018, default was entered against all Defendants and a request for a clerk's judgment for restitution of the premises only was made by Plainti...

Excerpt: ...s (“A. Rojas”), and Melissa Legorreta (“Legorreta”) (jointly, “Defendants”). In the operative First Amended Complaint (“FAC”), Sedillo asserts various causes of action, including causes of action for elder abuse, fraud, conversion, and breach of fiduciary duty, stemming from allegations that C. Rojas and A. Rojas wrongfully obtained title to certain real property rightfully belonging to Sedillo by a forged grant deed. Sedillo also...

Excerpt: ...poration and Larry Rabineau (jointly, “Rabineau”). Plaintiff Amir Mostafavi (“Mostafavi”) was later added as a plaintiff. The operative complaint alleges several causes of action relating to an alleged interference with Plaintiffs' contractual relations with a client <004c0057004b0003003500 00490052005500030024[dmission – Set Two (the “RFA”). (Mostafavi Decl., ¶ 3.) After attending an informal discovery conference to resolve disput...

Excerpt: ...inst Defendants Los Angeles Unified School District (“LAUSD”) and Napoleon Banks (“Banks”) (jointly, “Defendants”). Plaintiffs allege that on or about August 31, 2012, and again on or about September 7, 2012, Defendants negligently instructed, trained, controlled, supervised, warned, notified, counseled and monitored the football players at West Adams Preparatory High School (“West Adams”). Plaintiffs allege that Defendants knew o...

Excerpt: ...tion[1] arises from a dispute between Chidiac and Leonie (and Leonie's Board) over Chidiac's rights as a Leonie co-founder and co- owner. On December 14, 2018, Chidiac filed a First Amended Cross-Complaint (“FACC”) against Cross-Defendants Scott C. Black (“Black”), Tabetha Chandler (“Chandler”), Charles Thomas (“Thomas”), Rema Chidiac-DuPont (“DuPont”), and Heather Morgan (“Morgan”) (collectively, “Cross-Defendants”). ...

Excerpt: ...Defendants Alpha Staffing Services, Inc. (“Alpha”), Adecco USA, Inc. (“Adecco”), and Fashion Nova, Inc. (“Fashion Nova”) on May 31, 2018. Aviles alleges that Alpha, Adecco, and Fashion Nova were jointly her employers at all material times. (Compl., ¶¶ 9, 18; see also Compl., ¶¶ 15-17 [alter ego allegations].) In the Complaint, Aviles asserts causes of action for disability discrimination, retaliation, failure to prevent discrimina...

Excerpt: ...ointly, “Plaintiffs”) filed this action against Defendants C3 Capital LLC (“C3”), ABP Capital LLC (“ABP”), and Michael Persall (“Persall”) (collectively, “Defendants”). The Complaint asserts causes of action for fraud, negligent misrepresentation, breach of contract, and breach of the covenant of good faith and fair dealing. The material allegations of the Complaint are as follows. The One was intended to be the owner and deve...

Excerpt: .... Lin”). The operative First Amended Complaint (“FAC”), filed July 13, 2018, asserts causes of action for commercial appropriation of likeness under Civil Code section 3344, common law misappropriation of likeness, false light, public disclosure of private facts, negligence, and violation of the California Confidentiality of Medical Information Act against Dr. Lin and also Vision Institute of Southern California dba IQ Laser Vision (“IQ L...

Excerpt: ...(“Alpha”) on May 31, 2018. Aviles asserts causes of action for disability discrimination, retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, wrongful termination, declaratory judgment, and failure to permit inspection of personnel and payroll records. Alpha now petitions to compel arbitration and to dismiss or stay this action pursuant to a binding arbitration ...

Excerpt: ...r Arvizu (“Plaintiff”) filed this action on October 11, 2017, alleging that she was subject to sexual harassment, discrimination, and retaliation, among other claims, during her employment as a restaurant busser at Gaucho Grill. Plaintiff now moves for an order imposing issue, evidentiary, and monetary sanctions against Defendants Cingular Grocers and Cingular HR (jointly, the “Cingular Defendants”) for their failure to comply with a disc...

Excerpt: ...”), Bernadine Johnston Stolar (“Stolar”), and Louis Johnston (“L. Johnston”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 6, 2017, and asserts causes of action for (1) breach of oral rental agreement, (2) breach of implied rental contract, (3) conversion, (4) assault and battery, (5) financial and physical elder abuse, (6) unjust enrichment, (7) misrepresentation, concealment,...

Excerpt: ...i Motor America (“Defendant”) for violations of the Song-Beverly Act. Defendant served a Code of Civil Procedure (?YEAR?) section 998 offer to compromise on September 27, 2016 for $21,500, which offer was objected to by Plaintiff as vague and ambiguous. (Mikhov Decl., ¶ 9.) On May 5, 2017, Defendant served another section 998 offer for $45,000, which was ultimately rejected by Plaintiff. (Mikhov Decl., ¶ 13.) On July 25, 2017, Defendant ame...

Excerpt: ...ty”), Leana Anderson (“Anderson””), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”) (collectively, “Defendants”). The First Amended Complaint (“FAC”) was filed on September 4, 2018, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the basis of actual/perceived disability and also discrimination, harassment, and retaliation on...

Excerpt: ...nsurance Exchange (“Farmers”). Ambrosio's operative First Amended Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent [discrimination] in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Special Investigations Unit Zone Manager. Ambrosio now moves for leave to file a Second Amended Complaint. Defendants Farmers and...

Excerpt: ...��Plaintiffs”) filed this action on June 30, 2017 against,inter alia, Defendant City of Los Angeles (the “City”) and various police officers in the Los Angeles Police Department. The Complaint asserts causes of action for assault and battery, false arrest and imprisonment, negligent training, retention, and hiring, violation of Civil Code section 52.1 (the “Bane Act”), and violation of Civil Code section 51.7 (the “Ralph Act”). The ...

Excerpt: ... (“Hardy”). The Complaint asserts causes of action under FEHA for discrimination as well as various violations of the Labor Code. <0058004800030057005200 00260052005800510057[y. Hardy also requests an award of attorneys' fees and costs. Billberry opposes. Discussion “Except as otherwise provided by law and subject to the power of the court to transfer . . . the county where the defendants or some of them reside at the commencement of the ac...

Excerpt: ...ERNATIVE FOR SUMMARY ADJUDICATION Background Defendants The Liberty Company Insurance Brokers, Inc. (the “Liberty Company”) and Julie Naines (“Naines”) (jointly, the “Liberty Defendants”) move for summary judgment, or in the alternative, summary adjudication as to the cause of action for “negligence and breach of fiduciary duty” asserted against them in the operative Third Amended Complaint (“TAC”) of Plaintiffs Dina B. Cherni...

Excerpt: ...(“Maserati”) on December 7, 2016. On or around July 15, 2014, Madadian leased a 2014 Maserati Ghibli (the “Subject Vehicle”) from an authorized dealer in California. (Wood Decl., ¶ 3, Ex. 1.) The total lease payments under the lease were $28,632.30. (Wood Decl., ¶ 3.) Madadian experienced various issues with the Subject Vehicle and presented the Subject Vehicle for repairs multiple times. (Wood Decl., ¶¶ 5-14.) None of the repairs wer...

Excerpt: ...rer to the First Amended Complaint (“FAC”) of Plaintiff Fausta A. Carpizo Guevara (“Guevara”). This is a Lemon Law action, and the FAC asserts causes of action for violations of the Song-Beverly Act, fraudulent inducement-concealment, fraudulent inducement – intentional misrepresentation, and fraudulent inducement – negligent misrepresentation. NNA demurs to the FAC in its entirety and to each of the fraud causes of action on the grou...

Excerpt: ...une 7, 1991 (“Albert”), Susan G. Schaefer, individually and as the Trustee of the Susan G. Schaefer Trust dated October 11, 1990 (“S. Schaefer”), and Daniel W. Schaefer, as the Trustee of the Daniel W. Schaefer Trust dated October 11, 1990 (“D. Schaefer”) (collectively, “Plaintiffs”) filed this action on September 21, 2018 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”), a...

Excerpt: ...ts asserting 15 causes of action. The operative Second Amended Complaint (“SAC”) was filed on December 12, 2016. Defendants Lorenzo Doumani and Lorenzo Doumani as Trustee of the Lorenzo Doumani Family Trust (jointly, “Doumani”) now moves for summary judgment, or in the alternative, summary adjudication on the grounds that there are no triable issues of material fact as to any of the causes of action pending against Doumani (breach of cont...

Excerpt: ... complaint against various defendants, asserting causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, and products liability. The First Amended Complaint was filed on May 30, 2018. The gravamen of the claims concerns personal injuries sustained by Stone as a result of the use of a medical device. Trial in this action is scheduled for July 31, 2019. Plaintiffs now move for leave to file a Second Amended...

Excerpt: ...gins”) filed this action on April 13, 2018. The operative First Amended Complaint (“FAC”) was filed on October 11, 2018 against Defendants RPK Development Corporation (“RPK”), Korda Construction Corporation (“Korda”), and 7275 Franklin LLC (“Franklin”) (collectively, “Defendants”). Wiggins alleges that Defendants are the owners and property managers of the property[1] where Wiggins lives; that the property is uninhabitable; ...

Excerpt: ...asserting causes of action for breach of contract and breach of the duty of good faith and ordinary care against Defendants M&T Bank (“M&T”) and Orlans PC (“Orlans”) (jointly, “Defendants”). Defendants now demur to the FAC and each cause of action. No opposition to the demurrer was filed. Request for Judicial Notice The Court grants Defendants' request for judicial notice as to Exhibits A, B, D, E, and F. The document attached as Exhi...

Excerpt: ... CALIFORNIA RESTAURANT MUTU A CORPORATION'S MOTION FOR SU M MOTION TO SEAL CONFIDENTIAL F SUPPORT OF CRMBC'S MOTION FO R ADJUDICATION AND RELATED CROSS-ACTION Background This cases arises out of a dispute over an unpaid corporate assessment. Plaintiffs El Gallo Giro Corporation (“El Gallo”) and B. Wyse International Corporation (“B. Wyse”) filed their complaint against defendant California Restaurant Mutual Benefit Corporation (“CRMBC�...

Excerpt: ...tions 17200 and 17500 et seq. Multiversal Enterprises-Mammoth Properties, LLC (“Multiversal”) substituted in as plaintiff on February 25, 2015. Trial commenced on January 22, 2019. After Plaintiff completed its case in chief, Multiversal moved for judgment pursuant to CCP section 631.8. Background In this case, Multiversal asserts a cause of action for unfair, unlawful, or fraudulent business act or practices (the Unfair Competition Law (“U...

Excerpt: ...”), the guardian ad litem[1] for Plaintiff Alvin Tate (“Plaintiff”), requested to address the Court with information regarding the conduct of Plaintiff's counsel, Joseph Davis, before and during the trial of the matter. (Cosgrove Decl., ¶ 1, Ex. A.) Tate's statements included that (1) Mr. Davis never intended to produce the Airbag Control Module (“AECM”) to Defendant FCA UC LLS (“FCA”) and Mr. Davis concocted the story that it was ...

Excerpt: ...sson”) for breach of contract and common counts. Blum Collins, a law firm, alleges that Sasson, its prior client, failed to pay for legal services rendered. The operative First Amended Complaint (“FAC”) was filed on August 29, 2018. Sasson filed his answer on September 27, 2018. Sasson now moves for leave to file a cross-complaint against Blum Collins (and certain individual attorneys at Blum Collins) to assert causes of action for breach o...

Excerpt: ...nd Kiabod Afshar (“Afshar”) (jointly, “Defendants”). The Complaint asserts various causes of action for wage and hour violations under the Labor Code, as well as causes of action for violation of Business & Professions Code section 17200, common law assault, common law battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Defendants now demur to each cause of action of the Complaint on the ...

Excerpt: ... brings this demurrer to the First Amended Complaint (“FAC”) of Plaintiffs Maria L. Amaya and Bladimir E. Amaya (jointly, “Plaintiffs”). The FAC asserts causes of action for violations of statutory obligations, namely, the Song- Beverly Act. GM demurs to the fourth cause of action (fraudulent inducement-concealment). GM also moves to strike allegations of punitive damages from the FAC. Plaintiffs oppose. Discussion A demurrer can be used ...

Excerpt: ... 5, 2018. Specially appearing Respondents Terner's Liquor (“Terner's”) and Fred Lalezari (“Lalezari”) (jointly, “Respondents”) now move to quash service of the petition to compel arbitration on the basis that they were improperly served. ATM opposes. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for...

Excerpt: ...nd maintain a website where they publish defamatory statements and comments about Starre and her minor son. Starre now moves for leave to file a Second Amended Complaint to include allegations of additional postings on the website since this action was filed. Starre asserts that defendants have posted 19 new false, defamatory, harassing and threatening posts about Starre, and that these new posts make up the basis for a new cause of action for vi...

Excerpt: ...ivil Code section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Maserati North America, Inc. (“Maserati”) opposes.[1] Following a bench trial, judgment was entered on August 30, 2018 in the total amount of $97,696.96 ($28,632.32 for Madadian's lease payments; a civil penalty of $57,264.64; $800 for Madadian's registration costs; $3,000 for insurance payments during the lease; $8,000 to acquire title to the subject v...

Excerpt: ...against, inter alia, Defendants Title 365 and Stewart Title Company (jointly, the “Title Defendants”). The operative Verified First Amended Complaint alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that during the subject real proper...

Excerpt: ... (“Selvian”). Plaintiff alleges that Selvian owns a car wash business located at 3979 N. Mission Road, Los Angeles, California 90031 (the “Car Wash”). (Compl., ¶¶ 2 & 7.) On April 4, 2017, Plaintiff went to the Car Wash and discovered no parking spaces reserved for persons with disabilities. (Compl., ¶ 10.) Plaintiff has physical disabilities and uses a wheelchair for mobility. (Compl., ¶ 1.) Plaintiff asserts causes of action for vio...

Excerpt: ... February 13, 2018, asserts causes of action for breach of contract, breach of the covenant of good faith and fair dealing, intentional interference with prospective economic advantage, and declaratory relief against Defendant Aida Selvian (“Selvian”) and nominal defendant Vagik Yegikian. Yegikian alleges that on or about February 25, 2004, he entered into a written lease with Selvian for the use of three automotive service bays on the premis...

Excerpt: ...efendants Pacificland International Development, Inc. (“PID”), Chun Nan Lo (“Lo”), and Henry G. Chow, Esq. (“Chow”). Ju asserts causes of action for breach of written contract, breach of fiduciary duty, constructive fraud, and fraud in the inducement. The action arises from certain agreements between Ju and PID wherein Ju would invest $580,000 in PID so that Ju could obtain an immigrant investor visa (the “EB-5”). Ju alleges that ...

Excerpt: ...e California Department of Transportation (jointly, “Caltrans”) move for summary judgment, or in the alternative, summary adjudication of each cause of action of the Complaint by Plaintiff Ahoura Vahedi (“Vahedi”). The Court will continue the hearing on the motion so that the parties can address a number of issues. First, the Court notes that in Caltrans's separate statement of undisputed material facts (“UMF”), many of Caltrans's num...

Excerpt: ...omplaint for Injunctive and Other Equitable Relief and Civil Penalties for: 1) Los Angeles Municipal Code Section 11.00; 2) Public Nuisance in Violation ofCivil Code Section 3479 et seq.; 3) Unfair Competition Law (Business and Professions Code Section 17200 et seq.); and 4) False Advertising Practices (Business and Professions Code Section 17500 et seq.) (the “Complaint”) against Defendants Venice Suites, LLC (“Venice Suites”) and Carl L...

Excerpt: ...iled on July 23, 2018 against Defendants Griffin- Westminster Properties I, LLC (“G-W”), Griffin Residential, LLC (“Residential”), Ian R. Griffin (“Griffin”), David Preston Allen (“Allen”), Alelhi G. Nichelson (“Nichelson”), John Gerber (“Gerber”), and Matthew Tyler Sanford (“Sanford”) (collectively, “Defendants”). The FAC asserts causes of action for (1) breach of contract, (2) contractual breach of the covenant o...

Excerpt: ...rick Resurrection on Cherokee. Frame alleges that Robbins is in the business of managing and leasing apartment units, and that Frame was hired by Robbins to be Vice President of Operations. (Compl., ¶ 10.) As part of her compensation, Frame was provided a rental unit to live in. (Compl., ¶ 10.) Frame was employed from on or about November 20, 2016 to February 12, 2018. (Compl., ¶ 10.) Frame asserts various causes of action for violation of the...

Excerpt: ...nts Compass Group USA, Inc., Compass One, LLC, Eurest Services, Inc., and Ronald E. Lee (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code for failure to pay all minimum and overtime wages, failure to provide required meal periods, failure to authorize and permit rest periods, failure to reimburse, failure to pay wages when due, and failure to keep accurate records as well as causes of action...

Excerpt: ...ainst Defendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained ho...

Excerpt: ...s Insurance Exchange (“Farmers”). Ambrosio's operative First Amended Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent [discrimination] in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Special Investigations Unit Zone Manager. Ambrosio now moves for leave to file a Second Amended Complaint. Defendants Farmers ...

Excerpt: ...ndants Centinela Skilled Nursing & Wellness Centre West, LLC and Centinela Skilled Nursing & Wellness Centre East, LLC (jointly, “Defendants”). Plaintiff asserts violations of the Fair Employment and Housing Act, in particular, discrimination, failure to engage in the interactive process, failure to accommodate, retaliation, and wrongful termination in violation of public policy. Defendants now move for an order compelling arbitration pursuan...

Excerpt: ...ts while he was performing work on a construction project. The operative First Amended Complaint (“FAC”) was filed on August 7, 2018, after the Court sustained in part the defendants' demurrer to the Complaint. The FAC asserts causes of action for negligence, negligence per se, and premises liability against Defendants BLVD 6200 Owner South, LLC (“BLVD 6200”) Benchmark Contractors, Inc. (“BCI”), Morley Construction Company (“Morley�...

Excerpt: ...t Central, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (the “Board”) (jointly, “Defendants”). The gravamen of the Complaint concerns certain agreements entered into between MDR and the County regarding the lease, development, and operation of a boat storage facility on County land in Mari...

Excerpt: ...he afternoons of June 27-29, July 2-3, 5, 10-12, 20, 26-27, 2018, in Department 50 of the above-entitled Court before the Hon. Teresa A. Beaudet, sitting without a jury. The Court, having considered the evidence and reviewed closing and rebuttal briefs of the parties, issues this [Tentative and Proposed] Statement of Decision by the Court after Trial of the Bifurcated Phase Two – Attorney Fees Only (the “Statement of Decision”). This Statem...

Excerpt: ... Sales”) (collectively “Plaintiffs”) filed this action against, inter alia, Defendants Global Financial Distributors, Inc. (“Global”) and Alan Harrington (“Harrington”) (jointly, “Global Defendants”). In the operative Second Amended Complaint (“SAC”), Plaintiffs allege that the Global Defendants, in conjunction with the other defendants, engaged in a deceptive and misleading marketing scheme to generate life insurance compan...

Excerpt: ... Complaint[1] of Plaintiff Yolanda Gonzales (“Gonzales”). The Complaint asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement-concealment. NNA demurs to the concealment cause of action. NNA also moves to strike allegations of punitive damages from the FAC. Gonzales opposes. Request for Judicial Notice The Court denies NNA's request for judicial notice in its entirety and sustains Gonzales's objections there...

Excerpt: ...carra Felix (“Felix”) and Felix, individually, filed this action on November 22, 2017 against Defendant Memorial Health Services dba Long Beach Memorial Medical Center (“LBMMC”). The operative First Amended Complaint (“FAC”) asserts causes of action for (1) elder abuse/neglect; (2) negligence, (3) wrongful death (on behalf of Felix individually only), and (4) negligent hiring, supervision, and retention. LBMMC now demurs to the first ...

Excerpt: ...nlawful Detainer Action”).[1] The instant matter and the Unlawful Detainer Action were related pursuant to this Court's order filed January 14, 2019. The operative Second Amended Complaint (“SAC”) in the instant case was filed on November 9, 2018, asserting causes of action for (1) declaratory relief, (2) declaratory relief, (3) quiet title, and (4) promissory estoppel. Defendant City of Los Angeles (the “City”) filed its Answer to the ...

Excerpt: ...to be tried on the operative Third Amended Complaint by Plaintiffs Praxedes E. Running (“Running”) and Praxedes E. Running Trust (jointly, “Plaintiff”) are trespass (asserted against Defendants San Gabriel Water River Committee (“SGRWC”) and Covina Irrigating Company (“CICO”)) and negligence (asserted against CICO only). Plaintiff moves for a stay of the trial on the trespass and negligence causes of action pending the outcome of ...

Excerpt: ...perative Third Amended Complaint (“TAC”) was filed on March 16, 2018, and asserts causes of action stemming from a construction project of a residence located in Manhattan Beach, California. On February 22, 2017, Defendant Window Concepts, Inc. (“Window Concepts”) filed a Cross-Complaint as to several cross-defendants, and on June 19, 2018, filed a Moe Amendment naming Milgard Manufacturing, Incorporated (“Milgard”) directly. On July ...

Excerpt: ...CTIONS Background Defendant Chartwell Staffing Services, Inc. (“Chartwell”) moves to compel Plaintiff Brentwood Home, LLC (“Brentwood”) to provide further responses to Requests for Production of Documents, Set One (comprising nine requests) (the “Requests”). The Requests were served on June 4, 2018. (Soares Decl., ¶ 2, Ex. A.) Brentwood objected to all of the requests and provided no substantive responses. (Soares Decl., ¶ 3, Ex. B....

Excerpt: ...tant action on April 20, 2018 against Defendants County of Los Angeles (the “County”), Leana Anderson (“Anderson””), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on September 4, 2018, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the...

Excerpt: ...Management, Case No. BC704616 (the “Pascarella Matter”); Cordi v. Venture Property Management, Case No. BC709533 (the “Cordi Matter”); Hallowell v. Venture Property Management, Case No. 18STCV04993 (the “Hallowell Matter”). The instant matter, the Pascarella Matter, the Cordi Matter, and the Hallowell Matter have all been ordered related. Grossman's operative First Amended Complaint (“FAC”) was filed on June 1, 2018 and asserts va...