Excerpt: ...entre Responding Party: Unopposed Tentative Ruling: The Motion for Leave to File Second Amended Complaint is denied. The Motion to Continue Trial Date will be taken up at the motions hearing. Plaintiff Chika Nwagwu filed this action against Defendants Centinela Skilled Nursing & Wellness Centre West, LLC dba Centinela Skilled Nursing & Wellness Centre (“Centinela”) and Brius, LLC arising out of Plaintiff's development and infection of a press...

Excerpt: ... social worker III/manager for the department of aging. On November 30, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) gender discrimination, (2) religious creed discrimination, (3) hostile work environment harassment, (4) hostile work environment harassment, (5) failure to prevent discrimination and harassment, (6) retaliation, (7) wrongful termination in violation of public policy, (8) ...

Excerpt: ...ned to deny leave to amend. On 12/12/16, Plaintiffs Armando Garcia and Silvia Garcia filed this action against Defendants Fremont Investment & Loan, Chase Manhattan Mortgage Corp., Chicago Title, and Michael Hertz arising out of the tax sale of a portion of real property located at 2546 Glenrose Ave., Altadena, CA 91001. The Garcias' Third Amended Complaint (“TAC”) asserts causes of action for (1) cancellation of instruments, (2) quiet title,...

Excerpt: ...hus, on November 15, 2016, Plaintiff filed the operative Complaint alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a), 1791.1. During discovery, the parties stipulated to a protective order as to the parties' document production. Plaintiff seeks to de-designate certain documents' confidentiality status. Defendant now brings a Motion to Preserve Confidential...

Excerpt: ...(“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. Defendan...

Excerpt: ...abayan, Maeis Keshish, and Steve Krikorian <0057004c00490049000300 004a00440051004c0044>n Tentative Ruling: The Motion for Leave to Amend is denied. Individual Defendants' Demurrer is moot as to the first and second causes of action, given the denial of the Motion for Leave to Amend. Individual Defendants' and Corporate Defendants' Demurrers are overruled as to the fifteenth cause of action. <000f0003004c0051004700 005c0003004400510047> derivativ...

Excerpt: ...yment for consulting services—the preparation of a business plan for a certain development project— performed by Plaintiffs. On July 6, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of written contract, (2) breach of implied contract, (3) breach of oral contract, (4) promissory estoppel, (5) quantum meruit, and (6) common count. Request for Judicial Notice Defendant's Request for Judicial Notice is gr...

Excerpt: ...endant's name on the deed for certain real property so that the Plaintiff could purchase the property. The parties agreed that Plaintiff was to maintain all equitable interest in the property and pay all costs associated with the property; the parties also agreed that Defendant would not sell the property without Plaintiff's consent. However, Defendant subsequently sold the property without notice to Plaintiff. On November 15, 2017, Plaintiff fil...

Excerpt: ...ired to leave the deposition after two hours; Layton postponed the remainder of the deposition for another time. Later, Layton refused to continue his deposition. Layton contends that The State Bar has already questioned him about the majority of his declaration submitted in support of Plaintiff's opposition to the motion for summary judgment in this action, and that much of his deposition consisted of irrelevant questions. Under the circumstance...

Excerpt: ...; 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 lumbar fusion surgery by Olympia Medical Center (operated by Physicians of Midway). On 1/20/15, Plaintiff filed the operative First Amended Complaint which added Spin...

Excerpt: ...nts/brokers for the purchase of real property in Culver City, California. Plaintiff received emails requesting escrow payments from Defendant Norwine. Plaintiff transferred the requested funds, but the funds did not ultimately go to escrow. Rather, Norwine's email had been hacked by an unknown third-party who had requested the funds as a part of a criminal scheme. Plaintiff alleges that because Defendants failed to change their email passwords or...

Excerpt: ...ants' and Corporate Defendants' Demurrers are overruled as to the fifteenth cause of action. On October 21, 2014, Plaintiff Allen Yeganian, individually and derivatively on behalf of VAS Media Group, Inc., Sale Slash LLC, and ZCOR, Inc. (“Corporate Parties”), filed this action against Defendants Edvin Aghanian, Vahe Haroutounian, Steke Krikorian, Edgar Babayan, and Maeis Keshish (“Individual Defendants”) as well as the Corporate Parties a...

Excerpt: ...ement, delays in downshifting, delays in acceleration, and transmission jerking. Despite such defects, Ford authorized dealerships either refused to repair the subject vehicle or failed to properly repair the defect. Moreover, Ford allegedly had knowledge of the defective transmission, but regardless chose to sell the 2014 Ford Focus with the PowerShift mechanism. Thus, on April 7, 2017, Plaintiff filed the operative Complaint alleging causes of ...

Excerpt: ...ff alleges that she was an excellent employee for over thirty years but that she was discriminated and retaliated against based on her race and age when she was terminated from her position based on violating bank policy. On March 7, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA harassment, (4) FEHA failure to prevent, (5) wrongful termination, and (6) breach of...

Excerpt: ...terminated in retaliation for having made complaints regarding his coworkers' transgressions, and that his alleged gouging of a patient's eye was the pretextual reason offered for his termination. On July 12, 2016, Plaintiff filed the operative Complaint for (1) wrongful termination in violation of public policy, and (2) FEHA retaliation. Defendant moves for summary judgment or, alternatively, adjudication of all claims including the issue of pun...

Excerpt: ...t Defendants BMW of North America, LLC and Sonic Automotive dba Beverly Hills BMW arising out of alleged defects and nonconformities in a leased 2014 BMW 335i. Plaintiff alleges that the vehicle's heads up display (“HUD”) was inoperable at times including unresponsive gauges and blacked-out cluster with fault codes B7F667D, B7F6E3, and B7F6C3. (Complaint ¶ 9.) Despite presenting the vehicle for multiple repairs, the defects have remained. (I...

Excerpt: ...ed on an arbitration provision in the parties' loan agreement. (See Rothman Decl., Exhibit 1.) Plaintiff does not dispute the existence of a valid arbitration agreement pertaining to the claims in this action. Rather, Plaintiff opposes the Motion on the ground that Defendants waived their right to arbitrate by requesting arbitration only after (1) Plaintiff propounded discovery in this action, (2) Defendants requested two extensions to respond to...

Excerpt: ...in forcing Plaintiff to register as a sex offender via unlawful searches, despite that Plaintiff's plea agreement did not require such registration. Subsequently, the Superior Court ruled that Plaintiff was no longer obligated to register as a sex offender. On June 30, 2016, Plaintiff filed the operative Complaint alleging causes of action for (1)-(2) violations of 42 U.S.C. § 1983, (3) intentional infliction of emotional distress, (4) negligent...

Excerpt: ...ing the right to radio broadcast certain college football games, entered into a contract pursuant to which Defendant agreed to sell advertising time for the broadcast on behalf of Plaintiff and tender advertising fees to Plaintiff pursuant to a schedule. However, aside from tendering an initial guaranteed payment, Defendant failed to tender any other payments and eventually terminated the subject contract. On February 8, 2017, Plaintiff filed the...

Excerpt: ...er 6, 2017, alleging causes of action for (1) violation of covenants, conditions, and restrictions (“CCR's”), (2) breach of fiduciary duty, (3) negligence, (4) nuisance, (5) declaratory relief, and (6) injunction. Defendant demurs to the entirety of the FAC, contending that all claims are barred by the Monterey Hills Global Settlement (“settlement agreement”). (See RJN, Exhibit 2.)[1] The settlement agreement, in relevant part, releases a...

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 using the address to which all papers were sent on May 1, 2015. (M. Chang Decl. ¶ 3.) Defendant contends that he first learned of this action when his brother, Jonas Chang, called him on September 11, 2017, to tell him that ...

Excerpt: ... several promotional opportunities. On October 17, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) discrimination—race, (2) discrimination—national origin, (3) retaliation, (4) failure to prevent discrimination, and (5) retaliation under the California Family Rights Act. Request for Judicial Notice Defendant's Request for Judicial Notice (“RJN”) is granted. Motion to Strike Defenda...

Excerpt: ...f Whitney Houston. On July 10, 2017, Plaintiff filed the operative Complaint principally seeking a declaration that the licensing agreement was not breached. In turn, on September 14, 2017, Whit Nip Media, LLC filed a Cross-Complaint alleging causes of action for (1) breach of contract, and (2) declaratory relief. Cross-Defendant seeks to strike the entirety of paragraph 2 and a portion of paragraph 15 of the Cross-Complaint as irrelevant. The Mo...

Excerpt: ...ended Complaint alleging causes of action for (1) negligence, (2) strict products liability, (3) breach of implied warranty, (4) breach of express warranty, and (5) property damage. Defendant Marco Albertini moves for summary judgment on the basis that the subject window system was purchased from Albertini-USA, LLC and installed by an independent contractor. Further, Defendant argues that the evidence merely shows that he was an employee of Alber...

Excerpt: ...BC663725 and arises from the same controversy alleged therein, except this action is brought from the perspective of American Threads, Inc., whose business relationship with 10 Below, LLC was terminated based on false accusations by Eliassi regarding the alleged conversion of corporate money from American Threads, Inc. On August 18, 2017, Plaintiffs American Threads, Inc. and Ziv Pas filed the operative First Amended Complaint (“FAC”) allegin...

Excerpt: ...er 15, 2016, Plaintiff filed the operative Complaint alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a), 1791.1. Motion to Compel Plaintiff brings a motion to compel the deposition of Defendant's PMK as to those categories which Defendant did not produce a PMK. After numerous attempts to depose Defendant's PMK, the deposition took place on December 22, 2017...

Excerpt: ...pal. Two claimants, Defendants New Century Iron Artisans, Inc. and City Wall Builders, Inc., have made claims against the bond exceeding the $7,500 limit for such claimants set out in Bus. & Prof. Code § 7071.6. Thus, Plaintiff seeks an order that (1) the Defendants be restrained from bringing or maintaining any action against Plaintiff relating to the subject contractor's bond,[1] (2) the $7,500 be deposited into the Registry of the Court, (3) ...

Excerpt: ...Plaintiff Casarotti's employment with Defendant R&B Medical <004f004800470003005700 0057004c005900480003[Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to prevent, (3) FEHA failure to engage in the interactive process, (4) FEHA failure to provide reasonable accommodations, (5) FEHA retaliation, (6) wrongful termination in violation of public policy, (7) violation of Lab. Code § 1102.5, (8) FEHA harassment, (9) ...

Excerpt: ...ruled. This is an action arising from Defendant Complete Infusion Care, CIC, Inc.'s (“CIC”) overbilling for pharmaceuticals provided in connection with various worker's compensation claims. The employers for the injured claimants, the City and County of Los Angeles, had contracts with Plaintiffs to manage such claims. The contracts include clauses providing that the City and County are to be indemnified for overages in billing. Because CIC ov...

Excerpt: .... 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 infliction of emotional distress, (6) negligence, (7) defamation, (8) negligence, (9) defamation, (10) intentional ...