Excerpt: ...rative 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 Code § 6427); (8) Discrimination based on Disability/Medical Condition; (9) Failure to Reasonably Accommodate; (1...

Excerpt: ...on for Attorneys' Fees and Costs is granted in part. This is an action in which Plaintiff alleges fraud in connection with two real estate transactions for which Plaintiff was a lender. On December 28, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) intentional misrepresentation, (2) concealment, (3) false promise, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) negligence, (7) breach of contract...

Excerpt: ...ed based on the incorrect assertion that they had assigned their lease without authorization. On March 29, 2019, Plaintiffs filed the operative Complaint for (1) breach of contract, (2) anticipatory breach, (3) breach of the implied covenant of good faith and fair dealing, and (4) specific performance. Anti-SLAPP Motion Defendants The Brine, L.P. and Decro Brine, LLC bring an anti-SLAPP Motion arguing that (1) the Complaint arises from prelitigat...

Excerpt: ...ntiff filed the operative 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) declaratory relief, and (7) wrongful termination. On May 9, 2019, Fisherman's Pride Processors, Inc. dba Neptune Foods (“Neptune”) filed a Cross-complaint for (1) breach of contract, (2...

Excerpt: ...henzion”) and Cucine Italia, Inc. dba Pedini L.A. (“Pedini”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Zane Wells The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from the alleged breach of an agreement in which Plaintiff was promised things such as 50% of quarterly profits and involvement in all significant decisions of Pedini. (Complaint at ¶ 9.) Plaintif...

Excerpt: ...40057[es, LLC Tentative Ruling: The Motion for Summary Judgment/Adjudication of Defendants Kleinberg & Lerner, LLP and Marvin Kleinberg is denied. <0051000300490052005500 0003002d00580047004a>ment of Plaintiff directed at Defendant Roselli is granted on the merits. The relief requested is granted in part. The Motion for Summary Judgment/Adjudication of Plaintiff directed at Defendant Owlwood Estates, LLC is denied. This is an action in which Plai...

Excerpt: ... prior action represents an illegal restraint of trade per Bus. & Prof. Code § 16600 and (2) Plaintiff did not breach an enforceable provision of the settlement agreement. Defendant seeks to compel arbitration because the parties are required to arbitrate disputes relating to their real estate business as members of the Beverly Hills/Greater Los Angeles Association of Realtors (“Association”). That is, Defendant contends that the Association...

Excerpt: ...tion, Attorneys' Fees, and Costs is granted in part. This is an action in which The People of the State of California allege that drug, prostitution, and gang-related activity take place at the Hyland Motel which is operated by Defendants and located at 7041 Sepulveda Blvd., Los Angeles, CA 91405. On May 25, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) narcotics abatement, (2) red light abatement, (3) public nui...

Excerpt: ...05200 00440055004800030047>enied as moot. On October 12, 2018, Plaintiff filed the operative Complaint for (1) fraud and (2) breach of contract. The allegations of the Complaint are as follows. Due to widespread misconduct by George Kassabian, the property manager where Plaintiff was a tenant, Plaintiff initiated a lawsuit (SC120807) against the Defendants that the parties ultimately settled. The settlement agreement (“SA”) required that the ...

Excerpt: ...ul termination, (3) FEHA failure to prevent discrimination and harassment, (4) violations of the UCL, and (5) failure to pay wages due at separation. Defendants Versa Products, Inc. and Oscar Martinez seek to compel arbitration based on an arbitration agreement executed as a component of Plaintiff's employment. (Hernandez Decl., Exhibit A.) Plaintiff opposes the Motion, arguing that (1) the subject arbitration agreement is incomplete, and (2) Def...

Excerpt: ...ific West Radio Sports, LLC Tentative Ruling: The Motion for Judgment Notwithstanding the Verdict is denied. <0051000300490052005500 0044004f0003004c0056> denied. <0051000300570052000300 00520055004600480050>ent of Judgment is denied as moot. <0051000300570052000300 00560003004c00560003>denied. This is an action arising from Defendant's alleged failure to tender payments to Plaintiff pursuant to contract. The allegations of the operative Complain...

Excerpt: ...us conference. Plaintiff seeks to set aside the dismissal of this action on the basis of excusable neglect, inadvertence, surprise, or mistake per Code Civ. Proc. § 473. The discretionary provision of Code Civ. Proc. § 473(b) provides, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inad...

Excerpt: ...stant. Plaintiff injured his <0051004700440051005700 00480051000300570052[ok leave under the CFRA but was ultimately terminated when Defendant stated that he could no longer perform his job with or without an accommodation. Plaintiff alleges his termination was the result of discrimination or retaliation for having taken protected leave or having sustained a disability. On August 17, 2018, Plaintiff filed the operative Complaint alleging causes o...

Excerpt: ...compel further responses is GRANTED and the Defendant is ordered to serve responses without objections within 10 days. This is an action arising from breach of a partnership agreement for 10 Below, LLC, entered into 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 essentiall...

Excerpt: ... is an action arising from Plaintiff's employment with Defendants as a disability claims processor. On September 22, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA disability discrimination, (2) disability discrimination in violation of public policy, (3) FEHA retaliation for requests for accommodation, complaints of discrimination, and/or harassment, (4) retaliation in violation of ...

Excerpt: ... action for (1) failure to pay overtime compensation, (2) failure to provide meal periods, (3) failure to provide rest periods, (4) failure to provide accurate wage statements, (5) waiting-time penalties, (6) battery, (7) intentional infliction of emotional distress, (8) violations of the UCL, (9) wrongful termination in violation of public policy, (10) violation of Lab. Code § 1102.5, and (11) failure to provide recovery period. Defendant Scoob...

Excerpt: ...ND Plaintiff Jason Jones commenced this action on July 26, 2018 against Defendants Grubhub Holdings, Inc. and Grubhub Inc. He seeks to recover civil penalties under the Private Attorney General Act of 2014 on behalf of the State of California, other current and former workers, and himself. Comp. ¶37. Jones alleges that Grubhub willfully misclassified its delivery drivers as independent contractors. Id., ¶2. In doing so, it committed numerous La...

Excerpt: ...leged breach of an oral or implied-in-fact contract by failing to provide Plaintiff $200,000 and an executive producer credit in connection with the sequel to the film xXx in exchange for Plaintiff's services in relation to the original xXx film. On January 8, 2018, Plaintiff filed the operative Complaint asserting causes of action for (1) breach of oral contract, (2) breach of implied-in-fact contract, (3) intentional interference with contractu...

Excerpt: ...led the operative 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. On May 3, 2018, the Court granted Plaintiff's motions to compel furthe...

Excerpt: ...or physician services. On March 23, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) common count for money had and received, and (3) quantum meruit. Defendants demur as to all causes of action for failure to state sufficient facts. As to the claim for breach of contract, Defendants argue that (1) the terms of the alleged agreement are not sufficiently provided, (2) the claim is time-barred, ...

Excerpt: ...ril 16, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA disability discrimination, (2) FEHA failure to engage in the interactive process, (3) FEHA failure to provide reasonable accommodation, (4) FEHA retaliation, (5) FEHA failure to prevent discrimination and retaliation, and (6) wrongful termination in violation of public policy. Demurrer Defendant MemorialCare Medical Foundation de...

Excerpt: ... The agreement provides that Defendant was to tender $20,000 to Plaintiff within thirty days of the agreement's execution as well as three subsequent monthly $5,000 payments. (Ibid.) The settlement agreement also provides that the prevailing party seeking to enforce the agreement is entitled to attorneys' fees and costs. (Ibid.) Plaintiff seeks to enforce the settlement agreement because Defendant has tendered only $10,000 under the settlement ag...

Excerpt: ... Operating, Inc., Kindred Healthcare, Inc., KND 53, LLC, and KND Development 53, LLC dba Kindred Hospital South Bay (collectively “Kindred Parties”); and Dr. Mehmet Pekerol arising out of Anakor's employment and termination as a registered nurse clinical educator. Anakor asserts causes of action for FEHA race/national origin (1) discrimination, (2) harassment, and (3) retaliation; whistleblower retaliation pursuant to (4) Labor Code §§ 1102...

Excerpt: ... alleging causes of action for (1) failure to provide lawful meal periods, (2) failure to provide lawful rest periods, (3) unfair competition, (4) unpaid wages, (5) failure to provide accurate wage statements, (6) FEHA discrimination, (7) FEHA failure to accommodate, (8) FEHA failure to engage in the interactive process, (9) FEHA retaliation, (10) FEHA failure to prevent, (11) wrongful termination, and (12) CFRA retaliation. Defendant seeks to co...

Excerpt: ...on guaranty. On December 4, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of completion guaranty, (2) fraud, and (3) tort in essence. Defendants seek summary judgment or, alternatively, adjudication [1] of all claims asserted in the FAC. Specifically, Defendants argue that (1) the breach of guaranty claim is time-barred, (2) the breach of guaranty claim fails because a preconditio...