Excerpt: ...Motion to Compel Further Responses is granted. The Motion for Leave to File Second Amended Complaint is granted. This is an employment action in which Plaintiff alleges, among other things, that Defendant failed to provide an accommodation for Plaintiff's PTSD/anxiety and arm injury. On December 5, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA failure to accommodate, (3) F...

Excerpt: ...frauded of money lent for supposed real property and cannabis businesses. On June 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) fraud—intentional misrepresentation, concealment, and false promise, (2) negligent misrepresentation, (3) actual fraud—intent to hinder, delay, or defraud creditor, (4) constructive fraud, (5) reformation of contract, (6) judicial foreclosure of real property, (7) judicial forecl...

Excerpt: ...t this employer used metal, serrated knives at its LAX restaurant. On November 6, 2018, Plaintiff filed the operative Complaint for (1) Violation of Labor Code Section 98.5 and 1102.5 (Whistleblowing); (2) Violation of Labor Code § 6310; (3) Violation of Labor Code § 6311; (4) Violation of Labor Code § 6400; (5) Violation of Labor Code § 6402; (6) Violation of Labor Code § 6404; (7) Recovery of Civil Penalties pursuant to Cal/OSHA (Labor Cod...

Excerpt: ...nst Plaintiff. On September 24, 2018, Plaintiff filed the operative Complaint for breach of contract. I. Anti-SLAPP Motion Defendant brings an Anti-SLAPP Motion arguing that (1) Plaintiff's breach of contract claim arises from protected activity to the extent it challenges Defendant's testimony in a lawsuit and (2) there is no probability of prevailing on such claim because the contract provision sought to be enforced is void and the litigation p...

Excerpt: ... LLC's Demurrer is overruled. The Demurrer of Defendants Peak Foreclosure, Inc. and PeaK Financial Partners, Inc. is sustained. On September 20, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) for (1) breach of written contract, (2) accounting, (3) unjust enrichment, and (4) fraud in the inducement. The SAC alleges that “Defendants breached their covenants with Plaintiff by improperly servicing Plaintiff's mortgage loan...

Excerpt: ...h the LAPD, alleges that her coworkers subjected her to harassment by circulating a photo of a naked woman they claimed was Plaintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. Plaintiff brings a Motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 to obtain: 1. The complete Los Angeles Police Department Internal Affairs investigation file ...

Excerpt: ...xchange for his employment. On August6 7, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) intentional interference with prospective economic advantage, (3) negligent interference with prospective economic relations, (4) intentional interference with contractual relations, (5) breach of implied covenant of good faith and fair dealing, (6) intentional misrepresentation, (7) constructive fraud,...

Excerpt: ...ntiff filed the operative Second Amended Complaint (“SAC”) for (1) violation of the Song‐Beverly Act—breach of express warranty, (2) violation of the Song‐Beverly Act—breach of implied warranty, (3) violation of Song‐Beverly Act § 1793.2, (4) concealment, and (5) intentional misrepresentation. Defendant Kia Motors America, Inc. seeks summary adjudication of Plaintiff's fourth and fifth causes of action. Defendant argues the fifth c...

Excerpt: ... employment as a senior case management assistant with Defendants Health Net of California, Inc. and Health Net Inc. On January 11, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of express and implied contract, (2) breach of the covenant of good faith and fair dealing, (3) wrongful termination in violation of public policy, (4) violation of the California Constitution, (5) FEHA di...

Excerpt: ...xecuted a quitclaim deed. On May 23, 2019, Plaintiff filed the operative Complaint for (1) cancellation of instrument based on fraud in factum, (2) cancellation of written instrument based on non-delivery, (3) rescission of written instrument, and (4) quiet title. Defendant Medina demurs to all causes of action (1) because there exists another suit pending between the parties on the same cause of action, and (2) for failure to plead such claims w...

Excerpt: ... provide an accommodation for Plaitniff's PTSD/anxiety and arm injury. On December 5, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA failure to accommodate, (3) FEHA failure to engage in the interactive process, (4) FEHA retaliation, and (5) FEHA failure to prevent discrimination. In July 2019, Defendant issued a subpoena to Plaintiff's medical provider, seeking essentially...

Excerpt: ... Waldorf Astoria Management, LLC, Oasis West Realty, LLC, and Hilton Worldwide Holdings, Inc. seek to compel arbitration based on an arbitration agreement executed by Plaintiff encompassing the Complaint's employment claims. Plaintiff opposes the Motion, arguing the subject arbitration agreement lacks consideration and is unconscionable. Plaintiff's first contention has no merit. Plaintiff's employment was a component of consideration. On the oth...

Excerpt: ... Defendant to park vehicles in his building's parking garage. The agreement required that Defendant not cause any damage to Plaintiff's property and that Plaintiff be named as an additional insured under Defendant's insurance policies. However, a fire broke out in the parking garage, and Defendant allegedly failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”) on January 17, 2018, all...

Excerpt: ...Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) violation of the CFRA, (7) declaratory relief, and (8) wrongful termination. Motion for Summary Judgment/Adjudication Defendant moves for summary judgment or, alternatively, summary adjudication of all causes of act...

Excerpt: ...his is a legal malpractice action arising from Defendant Richard Wooley's (“Defendant”) representation of Plaintiff Janae Scales aka Stephanie Desselle (“Plaintiff”) before the Workers' Compensation Appeals Board after Plaintiff could no longer work because of injuries to her wrists and left elbow. (Compl. ¶ 7.) Plaintiff alleges that Defendant failed to competently represent her in two ways. First, Defendant voluntarily provided records...

Excerpt: ...f Defendant The Los Angeles County Democratic Central Committee aka the Los Angeles County Democratic Party (“LACDP”). On April 24, 2019, Plaintiff filed the operative Complaint for (1) quid pro quo harassment, (2) hostile work environment harassment, (3) failure to prevent harassment, (4) assault, (5) sexual battery, (6) negligent supervision and retention, and (7)-(10) violations of Civ. Code §§ 51.7, 52.4, 52.45, 52.1. Anti-SLAPP Motion ...

Excerpt: ...sustained in part. Morgan's Demurrer is sustained. The Motion to Strike is denied as moot. On November 7, 2018, Plaintiff Richard Pech (“Pech”) filed the operative Complaint for (1) breach of contract, (2) account stated, (3) quantum meruit, (4) fraud, (5) breach of contract, (6) account stated, and (7) quantum meruit. Plaintiff alleges Defendant Thomas E. Morgan, III (“Morgan”) failed to pay attorneys' fees for various matters. On August...

Excerpt: ...s in his building's parking garage. The agreement required that Defendant not cause any damage to Plaintiff's property and that Plaintiff be named as an additional insured under Defendant's insurance policies. However, a fire broke out in the parking garage, and Defendant allegedly failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”) on January 17, 2018, alleging causes of action for...

Excerpt: ...e is granted. This is an action in which Plaintiffs allege that they requested workers' compensation coverage from their insurance agents—Defendants Access Insurance Services, Inc. and Woodward Loo— but that Defendants failed to obtain such coverage for Plaintiffs. Subsequently, Plaintiffs' employee filed a workers' compensation claim for which Plaintiffs did not have coverage. Thus, on July 10, 2017, Plaintiffs filed the operative First Amen...

Excerpt: ...nd Jing Wang Tentative Ruling: The Motion for an Undertaking is denied. This is an action in which Plaintiffs allege that they provided investment funds to Defendants for the purposes of the EB-5 Immigrant Investor Visa Program, but that the funds were dissipated for unrelated purposes. The Complaint in BC712127 alleges causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) fraudulent concealment, (4) breach ...

Excerpt: ...s VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, VincentBenjamin Los Angeles Consulting, LLC, and Jeremy Mollet (3) Defendants VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, and VincentBenjamin Los Angeles Consulting, LLC (4) Sam Brenner and Michael Grimm Responding Party: (1)-(2) Sam Brenner (3) Sam Brenner, Michael Grimm, and CRB Workforce, LLC (4) Defendants VincentBenjamin Group, LLC, VincentBenjamin ...

Excerpt: ... (1) breach of contract, (2) money had and received, (3) conversion, (4) breach of fiduciary duty, (5) fraud and deceit, (6) involuntary dissolution, (7) accounting, and (8) quantum meruit. Defendants Rocky Hong and Duke Bakery, Inc. seek to compel arbitration based on an arbitration provision within a partnership agreement executed by the parties. Plaintiffs oppose the Motion, first arguing that Plaintiff Cai has a right to remove this dispute t...

Excerpt: ...ttlement are granted. This is an action arising from Defendants' alleged professional negligence in representing Plaintiffs in a personal injury action styled Johnson v. Michino, BC561701 (“underlying action”). On May 24, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) negligence, (2) breach of contract, (3) negligence, (4) breach of contract, (5) negligence, (6) breach of contract, (7) breach of fiduciary dut...

Excerpt: ...e denied. This is an action arising from Plaintiff's employment as a janitor for Defendant Tuttle Family Enterprises, Inc. On December 5, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, harassment, and retaliation, (5) FEHA failure to provide reasonable accommodations, (6) failure t...

Excerpt: ...r. Mojtaba Sabahi, Dr. Farshad Nosratian, Dr. Farid <004b005200500044005000 4c[ Tentative Ruling: The Motion for Leave to File Amended Cross-Complaint is denied. On December 27, 2018, Cross-Complainants Mehmet Pekerol (“Pekerol”) and Mehmet Pekerol MD, APC filed a Third Amended Cross-Complaint (“TACC”)[1] alleging causes of action for (1) FEHA harassment, (2) retaliation, (3) intentional infliction of emotional distress (“IIED”), (4) ...