Excerpt: ... FAC alleges that Defendant Kassabian breached the confidentiality provision of a Settlement Agreement (“SA”) by improperly filing the SA in case no. BC567260 without sealing it. Further, Plaintiff alleges “he had no obligation under the aforesaid Settlement Agreement to cease prosecution under any established case number for the Los Angeles Superior Court as long as Plaintiff was not seeking compensation for any claims that had been previo...

Excerpt: ...Washington, DC. Hotung is seemingly a resident of Hong Kong. Defendants Falcon Woods, LLC and Charles M. Seeger principally oppose the Motion on the grounds that (1) Hotung—as a non-party—cannot be required to appear for a deposition via a notice of deposition and (2) a foreign resident cannot be ordered to appear in California for a deposition. If a foreign deponent “is a party to the action or an officer, director, managing agent, or empl...

Excerpt: ...sistant for Defendants. On May 31, 2019, Plaintiff filed the operative Complaint for (1) FEHA harassment, discrimination and retaliation, (2) FEHA perceived race discrimination, harassment, and retaliation, (3) FEHA perceived age discrimination, harassment, and retaliation, (4) retaliation and wrongful termination in violation of public policy, and (5) declaratory relief. Defendants Alden Enterprises, Inc. and ICC Convalescent Corp. seek to compe...

Excerpt: ...ntative Ruling: The Motions are denied. On August 13, 2019, the Court partly granted the anti-SLAPP Motions of both (1) Defendants Occidental College and Ruth M. Jones and (2) Defendants Shaunti Yanik and Public Interest Investigations, Inc. Defendants now move for reconsideration of the Court's ruling partly denying their anti-SLAPP motions. (1) Defendants Occidental College and Ruth M. Jones In ruling on the anti-SLAPP motion of Defendants Occi...

Excerpt: ...efendant Cleanstreet, Inc., allowing 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 failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”...

Excerpt: ...ing Dai Tentative Ruling: The Anti-SLAPP Motion of Defendants Yanik and Public Interest Investigations, Inc. is granted as to the third cause of action. The Motion is otherwise denied. <0036002f00240033003300 00520049000300270048>fendants Occidental College and Jones is granted as to portions of the third cause of action, as specified herein. The Motion is otherwise denied. This an action in which it is alleged that Davis Xu died of an accidental...

Excerpt: ... that he was sexually assaulted multiple times by Defendant Eric Bauman who was chair of 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...

Excerpt: ...chment can be scheduled in Dept. 85. This is an action in which Plaintiff alleges that his broker, Defendant Du, converted his funds ($750,000) for the purchase of real property. Plaintiff also alleges that the Du fraudulently transferred the funds to Defendant Zhang. On May 6, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4)...

Excerpt: ...r (1) violation of Civ. Code § 1793.2(d), (2) violation of Civ. Code § 1793.2(b), (3) violation of Civ. Code § 1793.2(a)(3), (4) violation of express warranty, and (5) violation of implied warranty. Defendants seek to compel arbitration based on an arbitration provision within the purchase agreement for the subject vehicle. Plaintiff agrees that the subject arbitration provision applies to his claims against Defendant Galpin Motors, Inc., but ...

Excerpt: ... alleging causes of action for (1) fraudulent inducement, (2) fraudulent inducement, (3) unfair competition, (4) breach of contract, (5) right of publicity, (6) right of publicity, (7) breach of fiduciary duty, and (8) breach of fiduciary duty. Defendants John Xu, J&C International Group, LLC, GYL Investment, Inc., and UCIPD Management, Inc. seek to compel arbitration of this matter pursuant to a shareholder agreement executed by the parties. Pla...

Excerpt: ... employment. On February 5, 2019, Plaintiff filed the operative Complaint 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, (8) negligent misrepresentation, (9) co...

Excerpt: ...Cates Plaintiff Adam Gardner (3) (4) Plaintiff Adam Gardner Responding Party: (1) (2) Plaintiff Adam Gardner <0048004900480051004700 0056005200510003002c>nternational, Southern California Edison Company, David Garcia, and Christopher Cates Tentative Ruling: Defendants' Motion to Disqualify is denied. <005600b600030030005200 00030033005500520057>ective Order is granted in part. <00b6005600030030005200 00030033005500520057>ective Order is granted i...

Excerpt: ...rance Company The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiffs filed a complaint alleging causes of action for: (1) breach of the duty of good faith and fair dealing and (2) breach of contract. Plaintiffs' complaint arises from the alleged failure of Defendant to properly adjust and pay an insurance claim with respect to property damage that occurred at Plaintiffs' property located at 66...

Excerpt: ...ent as a result of Defendants' failure to make necessary repairs. On September 12, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of the implied warranty of habitability, (2) tortious breach of the implied warranty of habitability, (3) negligence, (4) intentional infliction of emotional distress, (5) private nuisance, and (6) violation of Bus. & Prof. Code § 17200, et seq. Ephrem Mulugeta seeks to have th...

Excerpt: ...Furniture, Inc. Tentative Ruling: The Application for Good Faith Settlement is granted. <0051000300260052005100 002a0052005200470003>Faith Settlement is denied. This is an action pertaining to a truck by train collision. The truck was operated by Defendant and Plaintiff was a passenger therein. On March 7, 2017, Plaintiff filed the operative First Amended Complaint for (1) motor vehicle negligence and (2) negligence per se. On January 29, 2018, D...

Excerpt: ...lting, LLC (2) Unopposed Tentative Ruling: The Anti-SLAPP Motion is granted in part. <0051000300490052005500 00520003002400500048>nd is granted. On February 4, 2019, Plaintiff Samuel Brenner filed the operative Complaint for (1) nonpayment of wages, (2) failure to timely pay wages, (3) retaliation, and (4) violations of the UCL. On March 21, 2019, VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC, and VincentBenjamin Los Angeles Consulting,...

Excerpt: ...AC”) alleging causes of action for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA harassment, (4) FEHA failure to prevent discrimination, (5) whistleblower retaliation, (6) wrongful termination in violation of public policy, (7) assault, (8) defamation, and (9) penalties per PAGA. Motion to Quash Plaintiff Carlos De La Cruz seeks to quash identical business records subpoenas issued upon his former employer, Guitar Salon International (...

Excerpt: ...forth below. This is an action in which Plaintiff alleges that Defendant—its prior CEO—took numerous unauthorized actions after having been suspended, including, inter alia, the withdrawal of Plaintiff's funds and the taking of its property. On April 25, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (...

Excerpt: ...ich Plaintiff alleges that her landlords attempted to unlawfully evict her from her apartment. On March 19, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) violation of the Fourteenth Amendment, (2) violation of state due process, (3) violation of 42 U.S.C. § 2000d, et seq.—discrimination on the basis of national origin and ethnicity, (4) violation of the FHA—discrimination on the ba...

Excerpt: ...ndants' security interest over that of Plaintiff's in property located at 4432 Camero Ave., Los Angeles, CA 90027. On June 12, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) fraud, (2) fraudulent concealment, (3) cancellation of instruments, (4) negligent infliction of emotional distress, and (5) conspiracy. On February 22, 2019, Cross-Complainants Center Street Lending Fund IV SPE, LLC ...

Excerpt: ... Tentative Ruling: The Motion to Compel Arbitration is granted as set forth herein. This is an action arising from Plaintiff's employment as a senior physician. On April 13, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) interference with prospective economic advantage, (2) violation of Health & Safety Code § 1278.5, (3) declaratory relief, (4) breach of contract, and (5) rescission. Defendants Keck School of Med...

Excerpt: ...onding Party: (1) Plaintiff David Black (2) (a) Lancaster Hospital Corporation and (b) High Desert Medical Group, Charles M. Lim, M.D., Marvin Ginsburg, M.D., Kourosh <00030029004c004a005800 00270011> Tentative Ruling: The Motions to Dismiss are granted. <0051000300570052000300 004800030027004c0056>missal is denied. This is an action in which Plaintiff alleges that Defendants prematurely discharged his wife from <00030057004b0044005700 0056004800...

Excerpt: ...that Plaintiff racially profiled Defendant at a Staples Office Supply store. Specifically, the statements allegedly published by Defendant provide that Plaintiff precluded Defendant from using the restroom by lying that it was out of order when it was functioning without issue. On July 18, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) slander per se, (2) libel per se, (3) false light invasion of privacy, (4) disc...

Excerpt: ...action in which Plaintiff sought partition due to a rent dispute among the partners of a partnership which purchased property at 1122 Wilshire Blvd., Los Angeles, CA. On June 2, 2014, Plaintiff filed the operative Complaint alleging causes of action for (1) partition, (2) dissolution of partnership, (3) declaratory relief, and (4) breach of fiduciary duty. In March 2016, Department 54 held a bench trial on Plaintiff's equitable claim for partitio...

Excerpt: ... the The Cosmopolitan Hotel. On June 21, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) assault, (2) battery, (3) theft and conversion, (4) violation of Penal Code § 496, (5) intentional infliction of emotional distress (“IIED”), (6) negligence, (7) negligence, and (8) negligent hiring, training, and supervision. Plaintiff seeks to compel further responses to his special interrogatories, set one, form interro...

Excerpt: ... for Summary Judgment of DLJ and U.S. Bank is granted. Wilmington's Motion for Summary Adjudication is granted as to the tenth through thirteenth causes of action, but is otherwise denied. This is an action arising from an allegedly invalid trustee's sale of property located at 3896 3rd Avenue, Los Angeles, CA 90008. On March 5, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1)-(5) wrongful ...

Excerpt: ...mmunity Rebuild Partners, Community Rebuild Asset Holdings, and Greg Hebner seek to confirm an interlocutory arbitration award for a preliminary injunction signed on October 26, 2018. The Petition complies with Code Civ. Proc. § 1285.4 because it (1) sets forth the substance of the agreement to arbitrate between the parties (Petition ¶ 3), (2) identifies the Hon. Joe Hilberman as arbitrator (Petition ¶ 6), and (3) attaches the subject award (P...

Excerpt: ...ord's property manager conspired to eject tenants from their apartment units under the guise of completing renovations. On March 7, 2019, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) intentional interference with contract, and (3) invasion of privacy. Demurrer Defendants demur to the third cause of action for invasion of privacy for uncertainty and failure to state sufficient facts. The third c...

Excerpt: ...uling: The Motion for Attorneys' Fees is granted in part. This is an action arising from an aircraft accident. Prior to trial, the matter was settled for $18,125,000. In April 2016, Judge Fahey allocated all but one dollar of the settlement to the minor Plaintiffs and then determined that former counsel for Plaintiffs, Herzog, Yuhas, Ehrlich & Ardell, APC (“HYEA”), were entitled to 10% of the of the settlement, $1,812,500, as attorneys' fees....

Excerpt: ...ressive, LLC, Ocwen Loan Servicing, LLC, Wells Fargo Bank, N.A., Power Default Services, Inc., Brandy Berns, and Vicki Pospisil Tentative Ruling: The Motion to Set Aside Dismissal is denied. On November 21, 2018, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of written contracts, (2) breach of the covenant of good faith and fair dealing, (3) wrongful foreclosure, (4) fraud, (5) violation of the ...

Excerpt: ...provide access to a 1964 <0015001b000f0003001500 004c00510057004c0049>f filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, and (4) conspiracy. <0047004800550003004a00 00440003005300550048>liminary injunction. The order prohibits (1) moving the subject vehicle from its current location at Motions Productions...

Excerpt: ...cadmium compound exposure. Plaintiff seeks for this Court to approve and enter a consent judgment between it and Defendant Roxy Trading, Inc. relating to Defendant's shipment and sale of anchovies. Because Plaintiff will receive consideration in this settlement, court approval is required. (Health & Safety Code § 25249.7(f)(4).) The Court may approve the settlement “only if the court makes all of the following findings: (A) Any warning that is...

Excerpt: ...iff on February 29, 2012. On March 5, 2019, Plaintiff filed the operative Complaint alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), <0014001a001c0014001100 001c0017000f0003000b>6) fraud by omission, and (7) fraudulent inducement. Demurrer Defendant demurs to the third through seventh causes of action for failure to state sufficient facts. 1. Fraud Defendant demurs to the sixth and seventh...

Excerpt: ...004a>ranted. This is an action arising from Plaintiffs' employment with Defendant Jack Nadel, Inc. On May 31, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA harassment, (4) FEHA failure to prevent discrimination, (5) whistleblower retaliation, (6) wrongful termination in violation of public policy, (7) assault, (8) defamation, and (9) p...

Excerpt: ... and electrical system defects which Defendant failed to repair. 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. Plaintiff has now accepted Defendants' offer to compromise pursuant to Code Civ. Proc. § 998. Plaintiff obtained $80,000 as a settlement payment and the parties agreed tha...

Excerpt: ... the issue of enforceability to the arbitrator. Plaintiff ELIZABETH JUNCAJ sued Defendants CAREMORE HEALTH SYSTEMS, INC.; CAREMORE HEALTH GROUP, INC.; CAREMORE HEALTH PLAN; ANTHEM, INC.; THE WELLPOINT COMPANIES, INC.; THE ANTHEM COMPANIES, INC. for damages based on allegations that former employer Defendants subjected employee Plaintiff to sexual harassment and disability discrimination. The complaint filed on November 20, 2017 alleges causes of ...

Excerpt: ...eys' Fees is GRANTED. <0051004a00030052005100 004c0052005100030057>o Strike is CONTINUED. Plaintiff Debra Steinberg (“Plaintiff”) alleges that Bernard Hoffman (“Hoffman”), the manager of 8317 Blackburn LLC (“Blackburn”) and Apartment Equities LLC (collectively, “Defendants”), has harassed Plaintiff on the basis of her gender and marital status and has retaliated against Plaintiff after Plaintiff exercised her rights as a tenant by...

Excerpt: ...errogatories is granted in part. The Motion to Compel Further deposition testimony and production is granted in part. On April 1, 2016, Plaintiff Dustin Leming filed this action against Defendants Sephora USA, Inc., Breezy Gaxiola, and Doe Manager arising out of Plaintiff's citizen's arrest by Northridge Fashion Center security officers based on Gaxiola's false report that Plaintiff had struck Gaxiola. Plaintiff asserts claims for negligence and ...

Excerpt: ... from Defendant as a result of fully satisfying an interpleader judgment directed at non‐party American Equity Insurance Co. (“AEIC”) who was Plaintiff's insurance carrier in a prior lawsuit (BC209992). On February 19, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging a cause of action for equitable contribution. Defendant demurs to Plaintiff's claim for equitable contribution on the ground that it is barred b...

Excerpt: ... 00030057005200030057>he Altman subpoena is granted in part. <0051000300570052000300 00030057005200030057>he Canter-Burger subpoena is granted. This is an action arising from Plaintiff's employment as an ethics investigator for Defendants. On July 25, 2017, Plaintiff filed 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 ...

Excerpt: ...enied. This is an action arising from Plaintiff's employment as a pilot for Defendants. On July 6, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) employment discrimination, and (2) wrongful termination. Defendants move for summary judgment or, alternatively, summary adjudication of all claims as well as Plaintiff's request for punitive damages. Defendants argue as follows: (1) all claims ...

Excerpt: ...d Tentative Ruling: The Demurrer is sustained as to the tenth and thirteenth causes of action but is otherwise overruled. The Motion for Sanctions is granted in part. This is an action arising from Plaintiff's 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) bre...

Excerpt: ...rected at Willowbrook Capital Group, LLC's Cross‐ Complaint is denied. The Anti‐SLAPP Motion directed at Dreamlight Holdings, Inc.'s Cross‐Complaint is granted in part. The Demurrer is overruled. The Motion to Strike is granted, with twenty days leave to amend. This is an action in which Plaintiff alleges that Defendants fraudulently convinced her to release her security interest against the assets of Dreamlight Holdings, Inc. fka Rockdome,...

Excerpt: ...ari purchased by Plaintiff. On February 28, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, and (4) conspiracy. Defendants Falcon Woods, LLC and Charles M. Seeger (collectively, “Falcon”) demur to all causes of action for failure to state sufficient facts. Defendant Gooding & Company,...

Excerpt: ... Anti‐SLAPP Motion is granted in part. The Demurrer is sustained in part. The Motion to Strike is denied. 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...

Excerpt: ...y Set Forth Below. This is an action in which plaintiff seeks partition due to a rent dispute among the partners of a partnership which purchased property at 1122 Wilshire Blvd., Los Angeles, CA. On June 2, 2014, Plaintiff filed the operative Complaint alleging causes of action for (1) partition, (2) dissolution of partnership, (3) declaratory relief, and (4) breach of fiduciary duty. On July 24, 2014, Thomas Girardi, G&L Aviation, 1122 Wilshire ...

Excerpt: ...Tentative Ruling: The Demurrer of David Melnick is sustained in part. The Motion to Strike is granted in part. <0055004800550003005200 0052004c00510057000f> Inc. and Weblife Balance, Inc. is sustained. This is an action in which Plaintiffs allege that Defendant Melnick, CEO of Weblife Balance, Inc. (“Weblife”), fraudulently induced investments from Plaintiffs into Weblife which then merged into Proofpoint, Inc. Plaintiffs also allege the afor...

Excerpt: ... Motion for Summary Judgment/Adjudication is otherwise denied. This is an action arising from Defendant's alleged failure to tender payments to Plaintiff pursuant to contract. The allegations of the operative Complaint are as follows. Plaintiff produces radio programs which it provides to stations in exchange for advertisement time. Plaintiff entered into a contract with Defendant in which Defendant agreed to sell advertising time for broadcasts ...

Excerpt: ...hegounchi, and Javadi Khomami Responding Party: Cross-Complainants Dr. Mehmet Pekerol and Mehmet Pekerol MD, APC Tentative Ruling: The Motion for Summary Adjudication is granted as to the second (retaliation), and fourth (NIED) causes of action. The Motion is denied as to the first (FEHA harassment) and third (IIED) causes of action. On December 27, 2018, Cross‐Complainants Mehmet Pekerol (“Pekerol”) and Mehmet Pekerol MD, APC filed a Third...

Excerpt: ...019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action 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. Demurrer Defendant demurs to the fourth and fifth causes of action for fraud on the ground that (1) Plaintiff do...

Excerpt: ...laintiff alleges that Defendants embezzled funds and breached an independent contractor agreement by failing to perform all duties thereunder and taking prohibited actions such as entering into unauthorized agreements with clients. On October 23, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) conversion, (2) interference with contractual relations, (3) interference with contractual relations, (4) violation of the ...

Excerpt: ...funds for the purchase of real property. Plaintiff also alleges that the Du fraudulently transferred the funds to Defendant Zhang. On January 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) constructive fraud, (5) conspiracy to defraud, (6) concealment, (7) negligent misrepresentation, (8) conversion, (9) promissory estop...

Excerpt: ...tment and the collection of excess rent by their landlords. On February 7, 2019, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of LARSO, (2) violation of LA Housing Code, (3) breach of the warranty of habitability, (4) intentional private nuisance, and (5) breach of the covenant of quiet enjoyment. Demurrer Defendants demur to all causes of action for failure to state sufficient fac...

Excerpt: ...s an action in which Plaintiff alleges that Defendants prematurely discharged his wife from <00030057004b0044005700 00560048005400580048>ntly died. On September 10, 2018, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) wrongful death, (2) loss of consortium, and (3) breach of the implied covenant of good faith and fair dealing. On January 16, 2019, the Court sustained the Demurrers of Defendants Lancaste...

Excerpt: ...iff's employment as a physician for Defendant. On October 5, 2018, Plaintiff filed the operative Complaint alleging violations of Health & Saf. Code § 1278.5. Plaintiff alleges that Defendant retaliated against him when he reported a newborn brain injury. Defendant seeks injunctive relief and/or a protective order precluding the deposition of several physicians and the corresponding requests for production noticed by Plaintiff. Defendant argues ...

Excerpt: ...ts units in Defendant DB Coworking Holdings Corp. On October 24, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) fraud and deceit, (3) negligent misrepresentation, (4) breach of fiduciary duty, (5) breach of the implied covenant of good faith and fair dealing, (6) civil conspiracy, and (7) violations of the UCL. On December 31, 2018, Plaintiff voluntarily dismissed the Complaint against Defe...

Excerpt: ...esillo IV, Jazabelle Torres, and Alejandra Lozano Tentative Ruling: <0003004c00510003005300 44005500570011> The Demurrer is overruled. The Motion to Strike is denied. This is an action arising from alleged substandard conditions at Plaintiffs' apartment. On June 4, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of warranty of habitability, (2) breach of covenant of quiet enjoyment...

Excerpt: ...rom Plaintiff's employment as an ethics investigator for Defendants. On July 25, 2017, Plaintiff filed 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...

Excerpt: ...rnational, LLC <004f004800470003005700 0057004c005900480003[Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to accommodate, (3) FEHA failure to engage in the interactive process, (4) FEHA hostile work environment, (5) FEHA retaliation, (6) FEHA failure to prevent discrimination, retaliation, and harassment, (7) violation of the CFRA, (8) failure to pay compensation, (9) failure to provide meal periods, (10) failu...

Excerpt: ... arising from Plaintiff's 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 ...

Excerpt: ...request for equitable relief is discussed below. 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 nuisanc...

Excerpt: ...llegal activity. On January 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) whistleblower retaliation, (2) retaliation in violation of Lab. Code § 98.6, and (3) wrongful termination. Defendants Matian Law Firm and Shawn Matian demur to all causes of action for uncertainty and failure to state sufficient facts. Defendants first argue that because of the manager's rule, the FAC does not...

Excerpt: ...STAINED with leave to amend. Defendant's demurrers to the fourth and fourteenth causes of action are SUSTAINED without leave to amend. Defendant's demurrers to the eighth, ninth, tenth, eleventh, and twelfth causes of action are OVERRULED. Background On October 31, 2018, Plaintiff Ride 2 Recovery dba Project Hero (“Plaintiff”) filed a complaint against Defendants John Wordin (“Defendant”) and Does 1-20 for (1) breach of contract; (2) brea...

Excerpt: ...[ductions, Inc. Responding Party: (1) Plaintiff Overrated Productions, Inc. <0047004400510057005600 0044004f0003002c0051[ternational Music, B.V., Universal Music Group, Inc., UMG Recordings, Inc., UMG Recordings Services, Inc., UMG Commercial Services, Inc., and Universal Music Group Holdings, Inc. Tentative Ruling: <0049004800510047004400 005500030057004b0044>n Defendant Universal International Music, B.V. is granted. <0047004400510057000300 004...

Excerpt: ...ut objection, within 10 days. The court requires separate and complete responses to this discovery; responses to a co-defendant's discovery request will not suffice. Defendants Simi Valley Hospital's and Adventist Health System/West's Motion for an Order Compelling Plaintiff Dee Ann Abelar's Responses to Request for Production of Documents, Set One, is GRANTED. Plaintiff Dee Ann Abelar is ordered to serve responses to Requests for Production of D...

Excerpt: .... Ex K [Decl. of Moussa A. Helo, Esq.]) upon which plaintiff relies to justify such excessive discovery is wholly conclusory regarding the reasons therefor and falls short of providing justification for why the complexity or quantity of issues in the instant case warrant the requests. The court has already ordered that 35 requests and Form Interrogatory No. 17.1 as to those requests be responded to by each defendant. The court hereby issues a pro...

Excerpt: ...f and Defendant Katrina Eagilen are the sole shareholders and officers of the corporation. Plaintiff alleges she discovered in September 2017 that Defendant had been wrongfully withdrawing funds from the corporation for her personal use. Plaintiff further alleges that, although Defendant paid back the funds from 2017, Plaintiff discovered further wrongful withdrawals in April 2018. Plaintiff therefore filed the instant suit on May 21, 2018, asser...

Excerpt: ... Tentative Ruling: The Anti-SLAPP Motions are granted in part. The Motion to Continue Trial is granted. On October 16, 2018, Cross-Complainants Sylvia Caldera and Armando Caldera filed a cross- complaint alleging that Cross-Defendants engaged in a scheme to have Cross-Complainants pay the expenses of certain real property while Cross-Defendants lived at the property. Cross- Complainants also allege that the filing of the Complaint in this action ...

Excerpt: ... granted in part. <0051000300570052000300 004800030027004c0056>missal is denied. This is an action in which Plaintiff alleges that Defendant Vadim Harutyunov and his attorney Defendant Jayne T. Kaplan pursued a meritless lawsuit (Harutyunov v. Litinsky, BC643852 (“Underlying Action”)) against her as punishment for providing testimony inRaskin v. Petrosyan, BC447668. On July 13, 2018, Plaintiff filed the operative Complaint alleging causes of ...

Excerpt: ...iffs allege that Defendants converted $550,000 after Plaintiffs deposited such sums as collateral for a line of credit meant to finance a musical. On December 10, 2018, Plaintiffs filed the operative Complaint for (1) negligent supervision, (2) fraud, (3) conversion, and (4) common count: money had and received. Defendants move to compel arbitration based on an arbitration provision within Plaintiff Stax Musical, LLC's (“Stax”) funding agreem...

Excerpt: ...iolation of HBOR, (2) violation of UCL, (3) breach of the implied covenant of good faith and fair dealing, (4) declaratory relief, (5) injunctive relief, (6) wrongful foreclosure, (7) vacate and set aside foreclosure sale, (8) cancellation of trustee's deed upon sale, and (9) quiet title. Plaintiff seeks to compel responses to her requests for production, set two; specifically, Plaintiff seeks further responses from Defendant Nationstar Mortgage,...

Excerpt: ...tive sledgehammer. On December 6, 2017, Plaintiff filed the operative Complaint alleging (1) strict liability, (2) negligence, and (3) breach of warranty. Motion for Summary Judgment Defendant seeks summary judgment on the basis that it has no connection whatsoever with the subject sledgehammer. The Motion for Summary Judgment is denied as moot because Defendant has been dismissed from this action. Motion for Sanctions <0044005100570003005700 004...

Excerpt: ...cally, the Court found that Plaintiff's claim for individualized damages per Lab. Code § 558 should be submitted to arbitration but that Plaintiff could dismiss such claim and pursue his representative PAGA penalties in this Court. The Court found that to the extent Plaintiff wishes to pursue his Lab. Code § 558 damages in arbitration then Plaintiff's claim for representative penalties should be stayed. (Code Civ. Proc. § 1281.4.) The Court, h...

Excerpt: ...rt. <0051000300570052000300 00560003004c00560003>denied. This is an action pertaining to an allegedly defective vehicle. On August 1, 2018, Plaintiff accepted Defendants' offer to compromise pursuant to Code Civ. Proc. § 998. Plaintiff obtained $115,000 as a settlement payment and the parties agreed that Plaintiff was the prevailing party entitled to bring a motion for attorneys' fees, costs, and expenses to the extent the parties could not agre...

Excerpt: ...ed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA discrimination, (3) FEHA failure to accommodate, (4) FEHA failure to engage in the interactive process, (5) wrongful termination in violation of public policy, and (6) FEHA retaliation. Defendant moves for summary judgment or, alternatively, summary adjudication of all causes of action and the issue of punitive damages. Defendant argues Plaintiff cannot est...

Excerpt: ...n which Plaintiffs allege that Defendants breached an agreement to sell real property by extending leases on the property while escrow was open and then selling the property to a third-party. On September 17, 2018, Plaintiffs filed the operative First Amended Complaint alleging causes of action for (1) specific performance, (2) anticipatory breach and breach of contract, (3) anticipatory breach and breach of contract, (4) interference with contra...

Excerpt: ...tion arising from Plaintiff's employment as a janitor for Defendant. 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 to engage in a good faith interactive process, (7) wron...

Excerpt: ...set one, special interrogatories, set one, and requests for production, set one. Defendant contends Plaintiff did not provide responses to the aforementioned discovery. Defendant also seeks to compel Plaintiff's deposition. Plaintiff concedes that his objections were untimely, and agrees to provide responses to written discovery. However, to the extent Plaintiff's objections were served late, Plaintiff is ordered to provide responses without obje...

Excerpt: ...This is an action in which Plaintiff alleges that there was negligent development of his condominium building. On October 12, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) negligence, and (3) breach of fiduciary duty, (4) financial elder abuse, and (5) FEHA discrimination. Motion to Quash Plaintiff seeks to quash the deposition subpoena served by Defendants on his physici...

Excerpt: ...r apartment. On November 16, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of the Fourteenth Amendment, (2) violation of state due process, (3) violation of 42 U.S.C. § 2000d, et seq.—discrimination on the basis of national origin and ethnicity, (4) violation of the FHA—discrimination on the basis of national origin and ethnicity, (5) violation of Gov. Code § 11135— dis...

Excerpt: ...ate to the United States from China, that Defendants would pay rent for the subject property. After the property was purchased and Plaintiffs could not immigrate to the U.S., Defendants allegedly failed to tender rent. On November 29, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) partition, (2) breach of contract, and (3) fraud. Defendants demur to the second and third causes of action ...

Excerpt: ..., APC Tentative Ruling: The Demurrer is sustained without leave to amend. The Motion to Strike is denied as moot. This is an action arising from alleged harassment and retaliation during the course of Cross- Complainant Dr. Mehmet Pekerol's provision of medical services for Cross-Defendants Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc., KND 53, LLC, and KND Development 53, LLC dba Kindred Hospital South Bay. On December 27, 2018, C...

Excerpt: ...n action arising from Plaintiff's employment as a program assistant. On June 22, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA discrimination on the basis of pregnancy, (2) FEHA harassment on the basis of pregnancy, (3) FEHA retaliation for complaining of discrimination and/or harassment on the basis of pregnancy, (4) FEHA discrimination on the basis of taking CFRA leave, (5) FEHA h...

Excerpt: ... is an action in which Plaintiffs allege they were exposed to lead paint in their apartment as a result of Defendants' failure to make necessary repairs. On September 12, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of the implied warranty of habitability, (2) tortious breach of the implied warranty of habitability, (3) negligence, (4) intentional infliction of emotional distress, (5) private nuisance, a...

Excerpt: ...efend Plaintiffs in a quiet title action in breach of a title insurance policy. The policy pertains to property located at 1232 E. Washington Blvd., Los Angeles, CA. On November 9, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of the implied covenant, and (3) declaratory relief. Demurrer Defendant demurs to all causes of action for failure to state sufficient facts. Specifically, D...

Excerpt: ... real property with Defendant Roselli; Roselli instructed Plaintiff to wire $350,000 as a deposit to an attorney trust account. However, the account to which the money was sent was not a trust account but instead belonged to Owlwood Estates, LLC which is owned by Roselli and managed by Defendant Marvin Kleinberg. Kleinberg had also apparently been Roselli's attorney since 2015. Subsequently, Plaintiff's money was dissipated and no transaction eve...

Excerpt: ... Complaint Moving Party: (1) Defendants G&S Off Price, Inc., Gideon Eliassi, Mark Barstein, and 10 Below, LLC (2) Plaintiff Ziv Pas Responding Party: (1) Plaintiff Ziv Pas <000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000b0015000c0003002700480049004800510047004400510057005600 03002a000900360003003200490049000300330055004c0046[e, Inc., Gideon Eliassi...

Excerpt: ...030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000b0015000c00030033004f0044004c00510057004c00490049000300 3c0058004f004c004400510044000300390044004f00470052[vinos Tentative Ruling: The Motion for Relief from Waiver of Objections is granted. <000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030...

Excerpt: ...der Pryniewicz's Louie Vuitton backpack. On April 18, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) liber per se, (2) slander per se, (3) common law misappropriation of likeness, (4) commercial misappropriation of likeness, and (5) false light. On October 12, 2018, the Court granted Defendant Pryniewicz's anti-SLAPP motion as to the third, fourth, and fifth causes of action. As a result of prevailing on his anti-...

Excerpt: ...is denied as to the first cause of action and granted as to the second cause of action. On January 26, 2017, Plaintiff Mark Woodson filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), the Herrick Corporation (“Herrick”), American Machinery and Blade, Inc., and Action Machinery West, for negligence and products liability. Plaintiff alleges that, while working on premises own...

Excerpt: ...0030049004c004f004800 0048005500440057004c[ve Complaint alleging causes of action for (1) violation of Song-Beverly Act—breach of express warranty, (2) violation of Song- Beverly Act—breach of implied warranty, and (3) violation of Song Beverly Act Section 1793.2. Plaintiff seeks leave to file a first amended complaint adding causes of action for intentional misrepresentation and concealment. The proposed first amended complaint also requests...

Excerpt: ...Rucker (2) Defendants Westwood Healthcare & Wellness Centre, LP, Brius LLC, Rockport Administrative Services, LLC, and Louis Florin Tentative Ruling: The Motion to Compel Arbitration is granted. <0051000300490052005500 00550048004900480055>ence is taken off calendar and may be rescheduled as set forth herein. On September 19, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) elder abuse, (2)...

Excerpt: ...ainst Plaintiff is granted in the amount of $3,358.15. This is an action arising from Plaintiff Rocio Ayala's (“Plaintiff”) employment as a customer service representative for Defendant LA's Low Cost Auto Insurance Services (“Defendant”). On October 12, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA harassment, (2) FEHA failure to prevent sexual harassment, (3) negligent supervision and retention, and...

Excerpt: ...[C709544) Motion: Demurrer; Motion to Strike Moving Party: Defendants Ivie, McNeill & Wyatt, and Rickey Ivie Responding Party: Plaintiff Eulanda Matthews Tentative Ruling: The Demurrer is OVERRULED. The motion to strike is DENIED. Background Case No. BC709544 was filed on June 12, 2018, by Ivie, McNeill & Wyatt, against their employee, Eulanda Matthews. Ivie, McNeill & Wyatt's sole cause of action is for declaratory relief. They seek a judicial f...

Excerpt: ... is GRANTED. <0003005000520057004c00 00580050005000440055>y judgment is DENIED. <0051004a004b0044005800 00520051000300490052>r summary judgment is DENIED. The motion for summary adjudication is GRANTED as to the second cause of action and is DENIED as to the first cause of action. On January 26, 2017, Plaintiff Mark Woodson filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), th...

Excerpt: ...a Re/Max Terrasol <0047004400510057005600 00030026004400550044[gio and Surf City Equities (erroneously sued as Leo Betancourt, Inc.) dba Re/Max Terrasol Opposing Party: (1) Plaintiff Daniel B. Swartz <0057004c00490049000300 001100030036005a0044[rtz (3) None Tentative Ruling: (1) Defendant Hagop Sargisian's Motion for Summary Judgment is DENIED. <0047004400510057005600 00550044004a004c0052> and Surf City Equities Motion for <0051004700030044005100...

Excerpt: ...t Investor Visa Program, but that the funds were instead converted by Defendants in order to purchase or make mortgage payments for various properties. On August 17, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) fraudulent concealment, (4) violation of “SEC 10b5”, (5) breach of the implied covenant of good faith and fair dealing, (6) breach ...

Excerpt: ...rom Defendant. Plaintiff seeks to compel further responses to her special interrogatories (“SI”), set one, contending Defendant provided meritless objections. Specifically, Plaintiff seeks a further response as to SIs 37-40. SIs 37-38 seek the number of repurchases or replacements of vehicles of the same make, model, and year as Plaintiff's vehicle under the Song-Beverly Act. The Motion is denied as to SIs 37-38 because they are overbroad. Th...

Excerpt: ... that the first of many assignments of the deed of trust for the property referred to the wrong deed of trust. Further, because Cross- Defendant Steven Tobin has challenged the assignment and, therefore, the trustee's sale, Cross- Complainant seeks to reform or rescind the assignment to reflect the true intentions of all parties thereto. On October 5, 2018, Anchor filed the Cross-Complaint alleging causes of action for (1) reformation, (2) rescis...

Excerpt: ...1) breach of written contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, and (7) unjust enrichment—constructive trust. On August 31, 2018, the Court entered Defendant's default. Defendant now moves to set aside its default on the grounds of attorney fault and excusable mistake, inadvertence, or neglect. Code Civ. Proc. § 473(b) provides in relevant part: “Notwithstanding any o...