Excerpt: ...stained in part. The Motion to Strike is denied The Motion to Quash is granted in part. The Court modifies the subpoena. Previously the Court issued a tentative ruling as to (1) Plaintiff's demurrer/motion to strike as to the First Amended Answer to the Complaint, (2) Plaintiff/Cross-Defendant's demurrer/motion to strike as to the Cross-Complaint, and (3) Plaintiff's motion to quash. The Court then continued the Motions to further consider its ru...

Excerpt: ...l Date is granted; the request for a stay is denied. <0051000300570052000300 00590048004700030044>s Counsel is granted. Motion to Stay/Continue Plaintiff seeks to stay this action until it acquires new counsel or, alternatively, continue the trial date and all other associated deadlines by ninety days. Plaintiff requests a stay/continuance because (1) its counsel seeks to withdraw while discovery is pending, and (2) the parties are currently atte...

Excerpt: ...eral Insurance Company's alleged bad faith denial of Plaintiffs' benefits under a homeowners' insurance policy. On September 25, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of the implied covenant of good faith and fair dealing, (2) breach of contract, (3) fraud, (4) negligent misrepresentation, (5) intentional interference with contract, (6) negligence, and (7) breach of contract/third-party beneficiar...

Excerpt: ...of contract by intentionally undervaluing royalty payments due to Plaintiff. On November 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) violation of the UCL, (4) declaratory relief, and (5) accounting. Request for Judicial Notice Defendants' Request for Judicial Notice is granted. Demurrer Defendants Universal Internation...

Excerpt: ...rod Inc. as a <0049004c004f0048004700 005500440057004c0059>e Complaint alleging wage and hour claims as well as a cause of action for violations of the UCL. Motion to Compel Further Plaintiff seeks to compel further responses to his form interrogatory no. 15.1 which seeks all facts, documents, and other information relating to each of Defendant's affirmative defenses and denials of material allegations. Defendant asserts 38 affirmative defenses, ...

Excerpt: ...ative First Amended Complaint (“FAC”) alleging causes of action for (1)-(5) wrongful foreclosure, (6) quiet title, (7) cancellation of instruments, (8) trespass, (9) trespass to chattels, and (10)-(13) declaratory relief. Request for Judicial Notice Defendants' Request for Judicial Notice is granted. Demurrer DLJ Mortgage Capital, Inc. and U.S. Bank, N.A. demur to the tenth though thirteenth causes of action for failure to state sufficient fa...

Excerpt: ...051>ted. On April 7, 2017, Plaintiff filed the operative Complaint alleging a cause of action for wrongful death relating to his wife. Request for Judicial Notice Defendant UnitedHealthcare Insurance Company's Request for Judicial Notice is denied. Demurrer Defendant UnitedHealthcare Insurance Company demurs to the Complaint because (1) there are no facts alleged against Defendant UnitedHealthcare Insurance Company, and (2) an insurer cannot be l...

Excerpt: ...rative Complaint alleging causes of action for (1) retaliation, (2) harassment, (3) discrimination, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) failure to prevent retaliation, harassment, and discrimination, (7) retaliation for taking leave under the CFRA, (8) defamation, and (9) wrongful discharge in violation of public policy. Motions to Compel Plaintiff brings two Motions to Compel Further Responses to his...

Excerpt: ...and owned by Defendant El Segundo Investments, LLC. On January 2, 2018, Plaintiffs filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civ. Code § 1942.4, and (6) unlawful entry. Request for Judicial Notice The Parties' Requests for Jud...

Excerpt: ...on their loans for their residential property and were facing foreclosure. Thus, they requested that the Plaintiff sell his own property and cure their defaults with a 1031 exchange. In return, Defendants promised to convey their interests in their property to Plaintiff and to pay Plaintiff rent to reside on the property. However, there was no 1031 exchange because the properties were not like-kind properties, and Plaintiff incurred large capital...

Excerpt: ...l B. Swartz's (“Plaintiff”) Property to Defendant Hagop Sargisian (“Sargisian”). Plaintiff was represented by Defendants Kimm A. Caragio (“Caragio”) and Leo Betancourt, Inc. dba Re/Max Terrasol (“Re/Max”) in connection with the sale of the Property. On January 12, 2017, during negotiations for the sale of Plaintiff's Property, Plaintiff and Sargisian entered into a written agreement whereby Sargisian agreed to purchase a set of do...

Excerpt: ... Parties and Their Counsel Waiving the Conflict. The Court can be Fair and Impartial. Statement of the Case Plaintiff Mara Escrow Company alleges Defendant Pineda, an employee of Plaintiff at all relevant times, misappropriated escrow funds. Plaintiff alleges a diversion of funds exceeding $50,000. Plaintiff also alleges that Defendant Fife, the husband of Pineda, utilized some or all of the funds to purchase property in Scottsdale, Arizona and V...

Excerpt: ...t such that toxic mold developed on the property. On October 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) negligence, (2) breach of implied covenant of habitability, and (3) uncured building violations. Defendant seeks to withdraw and amend its response to Plaintiff's request for production, set one, request 14. This request sought for Defendant to admit that it had never tested Plaintiff's apartment unit for...

Excerpt: ...eal is granted. This is an action arising from Defendant's alleged fraud while providing services relating to film financing. On January 11, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of fiduciary duty, (2) constructive fraud, (3) fraud, (4) negligent misrepresentation, and (5) unfair business practices. Motion to Compel Arbitration Defendant CAA seeks to compel arbitration based on an arbitration prov...

Excerpt: ...his action is brought from the perspective of American Threads, Inc. (“ATS”), whose business relationship with 10 Below, LLC was terminated based on false accusations by Eliassi that Pas had converted corporate money from American Threads, Inc. On August 18, 2017, Plaintiffs American Threads, Inc. and Ziv Pas filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) conversion, (2) breach of contract, (3) priva...

Excerpt: ... Anchor Landing Investment, LLC filed an unlawful detainer action (18SMUD00064) against Plaintiff for possession of the same property after a trustee's sale. Plaintiff now seeks to consolidate the instant action with the unlawful detainer action. When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful de...

Excerpt: ...to between Plaintiff Ziv Pas, Gideon Eliassi, and Mark Barstein. Plaintiff alleges that he is entitled to a 25% interest in 10 Below, LLC, an Alabama LLC, pursuant to the aforementioned agreement, but that Eliassi and Barstein essentially fabricated a money dispute as to a third-party corporation in order to justify terminating 10 Below, LLC's relationship with Plaintiff. On September 1, 2017, Plaintiff filed the operative Second Amended Complain...

Excerpt: ... Responding Party: Defendant Schaffel Development Compan y (“Defendant”) Notice: OK Tentative Ruling: Plaintiffs' Petition for Order Confirming Arbitration Award and Request for Award of Attorney Fees and Costs are GRANTED. Defendant's Petition to Correct, or in the alternative, Vacate the Arbitration Award, is DENIED. On February 13, 2018, plaintiffs Elements436, LLC and River Range - Element436, LLC (collectively “Plaintiffs”) filed the...

Excerpt: ...ry Challenge to the Honorable John P. Doyle is GRANTED. Plaintiff's Motion to Continue the Hearing on Defendant Revolution Production's Demurrer and Motion to Strike is GRANTED. On January 8, 2018, Plaintiff George Zakk filed the instant action (the “2018 Action”) against Defendants One Race Productions, Inc., Mark Vincent (p/k/a/ Vin Diesel), Revolution Production Services, LLC, Revolution Films, and Does 1 thorough 20 (collectively “Defen...

Excerpt: ...iff Monty Trone's (“Plaintiff”) injuries sustained on July 16, 2015 while at work. Plaintiff alleges that defendant Elias Asphalt Engineering, Inc. removed a piece of plywood on the concrete floor where Plaintiff was working and exposed a hole in the ground. Plaintiff fell into the hole and sustained multiple injuries. Plaintiff requested time off to treat his injuries and was terminated on July 30, 2016. Plaintiff alleges that defendant 1 st...

Excerpt: ...uled in Part. The Motion to Strike is Granted in Part/Denied in Part/Moot in Part. Statement of the Case Plaintiff Smooch Reynolds was employed by Defendant DHR International, Inc. from March 17, 2014 to October 9, 2017. Plaintiff alleges the employment contract provided for a base salary, signing bonus, and a schedule of non-discretionary bonuses based on certain collection targets. Plaintiff alleges Defendant failed to pay over $500,000 in non-...

Excerpt: ...or Defendant Amini Innovation Corp. Plaintiff provides that because Vasquez, at her initial deposition, failed to produce (1) internal and external emails pertaining to Plaintiff, (2) a certain surveillance video of Plaintiff, and (3) a “workers comp” file containing correspondence from Plaintiff, Vasquez's initial deposition was not completed and a subsequent portion was contemplated and then noticed. Ultimately, Vasquez did not appear for a...

Excerpt: ..., Defendants failed to remit the agreed upon sums to Plaintiff. On August 16, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) fraud, (2) negligent misrepresentation, (3) breach of oral contract, (4) breach of fiduciary duty, (5) violation of implied covenant of good faith and fair dealing, (6) constructive fraud, (7) conversion, and (8) unfair competition. Plaintiff seeks leave to file a first amended complaint pri...

Excerpt: ...rmer, Joshua Stellin, Alejandro Andres Del Toro aka Alex Del Toro, and Andres Hinostroza arising out of the individual Defendants' use of Plaintiff's resources and trade secrets to create a competing furniture business, Stitch Industries. Plaintiff asserts causes of action for (1) declaratory relief, (2) breach of employment agreement, (3) breach of confidentiality agreement, (4) breach of duty of loyalty, (5) breach of fiduciary duty, (6) tortio...

Excerpt: ...ntract, (2) lien release bond, (3) quantum meruit and quantum valebant, (4) unjust enrichment, (5) account stated, (6) open book account, (7) foreclosure of mechanic's lien, and (8) recovery on contractor's license bond. Zeitinger seeks leave to file a compulsory cross‐complaint against Plaintiff; specifically, Zeitinger claims damages from Plaintiff's negligence in providing foundation work. Parties generally must file a cross‐complaint agai...

Excerpt: ...e purchased. On January 17, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) fraud, (2) negligent misrepresentation, (4) breach of fiduciary duty, and (5) constructive fraud. Demurrer Defendant demurs to all claims for failure to state sufficient facts. (1) Statute of Limitations Defendant argues that the second through fifth causes of action are time-barred. Specifically, Defendant argues th...

Excerpt: ...s seek a lien against certain real property in which Defendant Alvarenga maintains an interest. (See Abarca Decl., Exhibit 4.) Plaintiffs request a writ of attachment because they seek to ensure that upon any judgment in their favor Alvarenga is not insolvent. Code Civ. Proc. § 484.090(a) provides, At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amo...

Excerpt: ...aint (“FAC”) alleging causes of action for (1) failure to pay wages due, (2) failure to pay prevailing wages due, (3) failure to pay overtime wages, (4) failure to provide rest breaks, (5) failure to indemnify for necessary expenditures, (6) failure to provide accurate wage statements, (7) failure to pay wages due upon termination, (8) unlawful recovery of wages, (9) unfair and unlawful competition, and (10) Private Attorneys General Act. Def...

Excerpt: ...ng a motion to strike as to the Complaint's prayer for punitive damages. A demurrer is not the proper vehicle by which to challenge a claim for damages; thus, the Demurrer is overruled. Because the Motion to Strike is unopposed, the impropriety of punitive damages is conceded. (See DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 566.) The Motion to Strike is granted, with twenty days leave to amend. ...

Excerpt: ...ed Complaint (“SAC”) alleges causes of action for (1) declaratory relief (by Heger), (2) quantum meruit (by Blair Adhesive Products, Inc), (3) breach of oral contract (by Heger), (4) breach of oral contract (by Blair Adhesive Products, Inc.), (5) fraud—intentional misrepresentation (by Heger), (6) fraud— intentional misrepresentation (by Blair Adhesive Products, Inc.), and (7) Labor Code violations. Plaintiff Heger seeks to compel further...

Excerpt: ...6[ Moving Party: (1) Defendants Leondard Steiner and Steiner & Libo, P.C. <0048004900480051004700 0052004f004400560003[Behunin Responding Party: Plaintiff Charles Schwab Tentative Ruling: The anti-SLAPP Motions directed at Michael Schwab are denied. <0036002f00240033003300 00030047004c00550048[cted at Charles Schwab are denied. <0051000300570052000300 00520056005700560003[is continued. On October 30, 2014, Michael B. Schwab (“Michael”) filed ...

Excerpt: ... consultation services for the Plaintiffs. On April 6, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) violations of the Immigration Consultants Act, (2) fraud, (3) negligent misrepresentation, (4) negligence, and (5) acts of unfair competition. Plaintiff Alvarado moves to compel the deposition of Defendant Irma Delgado who failed to appear at her noticed deposition. Plaintiff Robles moves to compel responses to h...

Excerpt: ... provided are incomplete and evasive. Plaintiff provided supplemental responses to the interrogatories at issue on October 20, 2017. Normally, such would make the Motion moot. However, given that the Aril 30, 2018, trial date looms, the Court has reviewed the supplemental responses. The Motion is granted as to form interrogatories nos. 8.7, 8.8, 9.1, 17.1, 50.1, 50.2, 50.3, and 50.4. This is because the responses to such interrogatories are evasi...

Excerpt: ...he operative Complaint alleging causes of action for (1) disability discrimination, (2) FEHA failure to provide reasonable accommodations, (3) FEHA failure to engage in the interactive process, (4) wrongful termination in violation of public policy, (5) intentional infliction of emotional distress (“IIED”), and (6) retaliation in violation of public policy. Defendant Ian Plumbley demurs to all causes of action on the ground that Plumbley--as ...

Excerpt: ...ubpoenas on Defendant Nimni's psychiatrists and medical providers; specifically, two subpoenas were served on Nimni's psychiatrists—Dr. Kiesel and Dr. Newman—and one subpoena was served on Cedars- Sinai Heart Institute. Nimni seeks to quash all three subpoenas arguing that the documents sought are subject to the physician/psychotherapist-patient privilege and contain information subject to privacy rights. Plaintiffs oppose the Motion, arguing...

Excerpt: ...ommon count. Defendant Afshin Akhavan, D.O. (a professional corporation) dba Casa De Salud demurs to the Complaint arguing that it was not a party to the subject contract and that it received no consideration. Defendant first argues that the contract was executed by Casa De Salud, Inc., which is a different entity than Afshin Akhavan, D.O. which has a dba of Casa De Salud. (See RJN, Exhibit 4.) However, the Complaint provides there is no separate...

Excerpt: ... in part. On 1/24/14, Plaintiff David Solomon filed this action against Defendants Spinal Solutions, Inc.; Roger Williams; Mary Williams; Crowder Machine and Tool Shop; William Crowder; Physicians of Midway, Inc.; and Olympia Medical Center arising out of alleged counterfeit and defective spinal screws (manufactured by Crowder Machine and Crowder, and distributed by Spinal Solutions and the Williams) which were placed into Plaintiff's back during...

Excerpt: ...nt unit such that toxic mold developed and forced the Plaintiff to leave the property. On October 6, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) breach of implied covenant of habitability, (3) constructive eviction, and (4) uncured building violations. Demurrer Defendant demurs to all claims for failure to state sufficient facts. (1) Negligence Defendant demurs to the f...

Excerpt: ...tion of Lab. Code § 226.7, (3) violation of Lab. Code § 201, (4) violation of Lab. Code § 2926, (5) violation of Bus. & Prof. Code § 17200, et seq., (6) intentional infliction of emotion distress, and (7) retaliation and wrongful termination in violation of public policy. Defendants move to compel arbitration on the basis of an independent contractor agreement between Plaintiff and Defendant Shastic Inc. containing an arbitration provision. (...

Excerpt: ...summons or complaint in this action such that the judgment should be set aside pursuant to Code Civ. Proc. § 473.5(a). Further, Defendant asserts he was never served with any other filings in this action. Rather, he stopped on May 1, 2015using the address (1790 W. Garvey Ave. # C, Monterey Park, CA 91754) to which all papers were sent. (M. Chang Decl. ¶ 3.) Defendant contends that he first learned of this action when his brother, Jonas Chang, c...

Excerpt: ..., and the below- identified venue issue as well. Defendant Waterman, joined by Defendant Berns both individually and as trustee for the Daniel M. Berns 2016 Revocable Family Trust, moves to compel arbitration. Defendants argue that this action asserts claims arising out of a purchase agreement for real property which contains an arbitration provision. (Waterman Decl., Exhibit 1.) However, the subject agreement was not executed by Plaintiff in his...

Excerpt: ...odge Durango purchased by Plaintiff on February 27, 2012. Plaintiff filed the operative Complaint on May 18, 2016, alleging causes of action for (1) breach of express warranty—violation of Song- Beverly Act, (2) Breach of Implied Warranty—Violation of Song-Beverly Act, (3), fraudulent inducement—concealment, and (4) negligent repair. Motion for Attorneys' Fees, Costs, and Expenses The parties have settled this matter via an offer made pursu...

Excerpt: ...s for reconsideration (Code Civ. Proc. § 1008(a)), as to the sanctions award against her. Pensanti argues that she was suspended by the State Bar at the time of the motion hearing and was under the mistaken belief that she could not appear at the hearing to defend herself; additionally, Pensanti argues that sanctions should not have been awarded against her because Defendant's notice of motion failed to request sanctions against her. While the r...

Excerpt: ...ally contends that the action is not time‐barred because the statute of limitations began to run on December 8, 2014, when Jenkins was relieved as counsel; further, as to actual injury, the limitations period did not begin to run until November 3, 2015, when Plaintiff hired attorney Mink. Code Civ. Proc. § 675 provides in relevant part: “The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a ...

Excerpt: ...nder payment for aerial coordination services in connection with the film Sully. The operative Second Amended Complaint (“SAC”) alleges causes of action for (1) declaratory relief (by Heger), (2) quantum meruit (by Blair Adhesive Products, Inc), (3) breach of oral contract (by Heger), (4) breach of oral contract (by Blair Adhesive Products, Inc.), (5) fraud—intentional misrepresentation (by Heger), (6) fraud— intentional misrepresentation...

Excerpt: ...s an action arising from Defendants Kelk's and Langdon's libelous statements at an ex parte hearing in Bidari v. Kelk, SC115503. Kelk and Langdon stated in their declarations that Plaintiffs attempted to murder Kelk. On May 31, 2016, Plaintiffs filed the operative First Amended Complaint alleging causes of action for (1) libel per se, (2) malicious prosecution, (3) intentional infliction of emotional distress, (4) defamation, (5) intentional infl...

Excerpt: ...ervices for the Plaintiffs. On April 6, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) violations of the Immigration Consultants Act, (2) fraud, (3) negligent misrepresentation, (4) negligence, and (5) acts of unfair competition. Motions to Compel Plaintiffs bring three Motions to Compel Further Responses, two as to form interrogatories served on Defendants Irma Delgado and Genesis Immigration Services and one as...

Excerpt: ... operative Complaint alleging causes of action for (1) breach of implied warranty under the Song-Beverly Act, and (2) breach of express warranty under the Song-Beverly Act. Motion to Compel Plaintiff brings a motion to compel the further deposition of Defendant's PMK as to those categories in connection with which Defendant did not produce a PMK and as to those categories the PMK was not prepared for at the deposition. Plaintiff also seeks the fu...

Excerpt: ...pensation reimbursement case alleging a single cause of action against Defendant based on the same facts giving rise to the instant dispute. Previously, the Defendant brought a motion to consolidate which was denied without prejudice because no notice of related case was filed. (See Local Rule 3.3(g).) Defendant has now filed a notice of related case and brings a renewed motion to consolidate. (Code Civ. Proc. § 1008(b).) Defendant provides that...

Excerpt: ...ena, CA 91001. The Garcias' Third Amended Complaint (“TAC”) asserts causes of action for (1) cancellation of instruments, (2) quiet title, (3) promissory estoppel, (4) negligent misrepresentation, (5) negligence, (6) breach of contract, (7) accounting, and (8) constructive trust. On 2/3/17, Hertz filed a cross-complaint against the Garcias, Fremont, Chase Manhattan, and Chicago Title for (1) quiet title, (2) trespass, (3) establishment of eas...