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: ... 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...