Excerpt: ...endants BMW of North America, LLC (“BNA”) and Indigo Blue & White Motorcars, LLC d/b/a BMW of Palm Springs (“Palm”) seek to compel arbitration. This request is premised on the purchase agreement for the subject vehicle between BMW of Riverside (the dealer) and Plaintiff containing an arbitration provision. As non‐signatories, Defendants premise their Motion on equitable estoppel and third‐party beneficiary status. The subject arbitrat...

Excerpt: ...ned in part. The Motion to Strike is granted in part. On November 23, 2020, Plaintiffs The Oriental Mission Church (“OMC”) and Jang Geun Chung filed the operative First Amended Complaint (“FAC”) against Defendants Chi Hoon Kim, In Chan Park, and Kwang Chan Kim for (1) conversion, (2) declaratory relief, (3) temporary restraining order, preliminary injunction, and permanent injunction, (4) removal of director, and (5) appointment of provis...

Excerpt: ...e Motion to Compel is granted. On April 28, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) breach of implied warranty under Song‐Beverly Act, (2) breach of express warranty under Song‐Beverly Act, and (3) fraudulent concealment. I. Demurrer Defendant General Motors LLC demurs to the third cause of action for uncertainty and failure to state sufficient facts. Specifically, Defendant argues that Plaintiff's frau...

Excerpt: ... 25, 2018, the Court entered a default for Defendant Stephanie Smith. On February 15, 2019, the Court entered a default judgment against Smith and on April 19, 2019, the judgment was amended to add $10,063.62 in interest. I. Motion to Set Aside Default/Default Judgment Defendant Stephanie Smith seeks to set aside her default and default judgment pursuant to Code Civ. Proc. §§ 473(b), 473(d), and 473.5. Discretionary relief under Code Civ. Proc....

Excerpt: ...is otherwise overruled. Leave to amend is denied. The Motion to Strike is denied. This is a habitability case. On May 15, 2020, Plaintiffs Kimberly Lantigua and Dominic Straughan, a minor, filed the operative Complaint for (1) breach of contract, (2) breach of warranties, civil code, (3) nuisance, (4) negligence – premises liability, (5) negligence- management, (6) fraud, (7) violation of the UCL, and (8) violation of the CLRA. I. Demurrer Defe...

Excerpt: ... 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, however, co...

Excerpt: ...ies, Inc. is granted in part. This is an employment action. Plaintiff Elisa Lira seeks to compel further responses to her requests for production, set one, nos. 6, 13, 14, 17, 18, 19, 20, 21, 22, 25, 30, 47, 49, and 54. One Motion is directed at RBC Bearings, Inc. (“RBC”), and the other at Sonic Industries, Inc. (“Sonic”). The requests relate to investigations pertaining to Plaintiff's complaints at work. I. RBC RBC argues there is only o...

Excerpt: ...anted in part. On July 11, 2019, Plaintiff Samuel Brenner filed the operative First Amended Complaint (“FAC”) for (1) nonpayment of wages, (2) failure to timely pay wages, (3) retaliation, (4) violations of the UCL, and (5) violations of PAGA. On March 21, 2019, VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC, and VincentBenjamin Los Angeles Consulting, LLC filed a Cross‐Complaint in which they principally assert that Cross‐Defend...

Excerpt: ...liamson filed the operative Complaint against Defendants G 1 Towing Corp., G1 Towing California Inc., Douglas Ivan Garcia, Ericka Garcia, and Raul Garcia for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. The Complaint arises from Defendants' alleged failure to tender full payment under a settlement agreement between the parties. On June 30, 2020, Defendants filed a Cross‐Complaint against Office D...

Excerpt: ...“FAC”) for (1) breach of contract, (2) common counts, (3) account stated, (4) open book account, and (5) quantum valebant. Plaintiff alleges Defendants failed to pay $299,507.55 for garments furnished by Plaintiff. Defendants Hem & Thread, Inc. and Mystree, Inc. demur to all causes of action for uncertainty and failure to state sufficient facts. Defendants argue the FAC lacks sufficient details to apprise Defendants of their liability for the...

Excerpt: ...econd Amended Judgment (“SAJ”) which was in favor of Plaintiff but provided that Plaintiff was to tender $567,995.96 to Lehman within six months or else judgment would be entered for Lehman. Plaintiff Milton Howard Gaines seeks (1) an order extending/tolling the deadline for tendering payment to Lehman and (2) to add non‐party Longwood 18, LLC (“L18”) to the SAJ as an alter ego of Lehman. L18 claims an interest in the subject property. ...

Excerpt: ...ion for Summary Adjudication is granted as to the fifth, sixth, tenth, eleventh and twelfth causes of action. The Motion is otherwise denied. On July 11, 2019, Plaintiff Samuel Brenner filed the operative First Amended Complaint (“FAC”) for (1) nonpayment of wages, (2) failure to timely pay wages, (3) retaliation, (4) violations of the UCL, and (5) violations of PAGA. On March 21, 2019, VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC,...

Excerpt: ...plaint for (1) quiet title, (2) anticipatory breach of joint venture agreement, (3) specific performance, (4) declaratory relief, (5) promissory estoppel, (6) constructive trust, (7) equitable lien, and (8) an accounting. The allegations of the Complaint are as follows. Plaintiff, through its shareholders and directors Ziv Pas and Gideon Eliassi, entered into a joint venture agreement with Defendants Eugene Gideon Kaplan and Jackob Zokaeim to acq...

Excerpt: ...sability discrimination, (2) FEHA failure to accomodate, (3) FEHA age discrimination, (4) FEHA retaliation, and (5) FEHA failure to prevent discrimination and retaliation. Defendant City of Los Angeles moves for summary judgment or, alternatively, summary adjudication of all causes of action. Defendant argues (1) there is no evidence of age‐based animus; (2) Plaintiff did not have a disability; (3) Plaintiff did not engage in protected activity...

Excerpt: ...) filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) conversion, (3) embezzlement, (4) breach of fiduciary duty, (5) fraud, (6) fraudulent concealment, (7) negligent non-disclosure, (8) negligent misrepresentation, and (9) unjust enrichment. The allegations of the FAC are as follows. Plaintiffs and Defendant Yeon Kyung Kim entered into an oral agreement in which Jwa and Kim would be 50/50 shareholders of Liz. ...

Excerpt: ...ve Complaint against Defendant Yichen Sun for (1) trade libel and (2) breach of the covenant of good faith and fair dealing. The allegations of the Complaint are as follows. Plaintiff is engaged in the business of selling cats. Plaintiff sold a cat named “Yoyo” to Defendant. Before the sale, a veterinarian ensured Yoyo was healthy. After the sale, Plaintiff learned from Defendant that Yoyo had FHV‐1 which is a very common illness. Although ...

Excerpt: ...The Motion to Disqualify is granted. The Motion to Compel is denied as moot. On June 2, 2020, Plaintiffs Harriet Fleming and Peter K. Robbins, individually and derivatively on behalf of Lucas King, LLC (“Lucas”), filed the operative Complaint against Defendants Tabitha De La Torre and Lucas for (1) conversion (derivative), (2) breach of fiduciary duty (derivative), (3) breach of operating agreement (direct), (4) accounting (direct), and (5) d...

Excerpt: ...is a lemon law matter. On August 14, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”) for (1)‐(5) violations of the Song‐Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1791.1 and 1794, (6) negligent repair, and (7) fraud by omission. I. Demurrer Defendant General Motors LLC demurs to the seventh cause of action for uncertainty and failure to state sufficient facts. Specifical...

Excerpt: ... Family Trust (3) Plaintiff Richard Pech Tentative Ruling: Pech's Demurrer is sustained in part, without leave to amend. Pech's Motion to Strike is granted in part, without leave to amend. Le's Demurrer is sustained, without leave to amend. Le's Motion to Strike is denied as moot. Morgan's Demurrer is overruled. Plaintiff Richard Pech (“Pech”) filed his Complaint on November 7, 2018, and on September 14, 2020, filed his operative Second Amend...

Excerpt: ...l 28, 2017, American Grandstand Seating Co., Inc. (“AGSC”) filed a complaint in case no. BC659602 against United Production Services, Inc., Brown United, Inc., John Brown, and Tamara Brown (“United Parties”) for (1) accounting, (2)-(3) conversion, and (4) injunctive relief. The complaint in BC659602 alleges failure to provide collateral despite United Parties' default on two secured promissory notes. The parties subsequently entered into ...

Excerpt: ...ccomodate, (3) FEHA failure to engage in the interactive process, (4) FEHA disability harassment, (5) FEHA retaliation, (6) CFRA retaliation, and (7) FEHA failure to prevent harassment, discrimination, and retaliation. Defendant Pomona Unified School District issued five business record subpoenas on Plaintiff's medical providers. The medical providers are as follows: Pomona Valley Hospital Medical Center (Attn: Medical Records); Pomona Valley Hos...

Excerpt: ...ssed from the Cross‐Complaint. Grimm filed a memorandum of costs in the amount of $4,137.89. The memorandum provides, “Grimm is one of three Cross‐Defendants in the instant action. All Cross‐Defendants were represented by the same counsel, who took depositions, litigated motions, and performed other tasks that were necessary for the defense of all Cross‐Defendants. Counsel estimates that approximately 50% of defense‐related activities...

Excerpt: ... Compel Initial Responses is denied. The Motion to Compel Further Responses is denied without prejudice. The Motion for Summary Adjudication is denied. On april 3, 2020, Plaintiff Chongxing Tang filed the operative Complaint against Defendants Christine Zhu and Suntime Chuanyang, Inc. for (1) failure to allow inspection of books and records, (2) breach of fiduciary duty, (3) fraud‐concealment and intentional misrepresentation, and (4) an accoun...

Excerpt: ...leave to amend. The Demurrer is otherwise overruled. On September 8, 2020, Plaintiff Rotax, Inc. filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) negligence. The allegations of the FAC are as follows. Plaintiff was an additional insured for a property insurance policy issued by Defendant Underwriters at Lloyd's subscribing to Certificate ...

Excerpt: ...counsel of record, Louisa Pensanti. Plaintiff seeks for this order to be set aside under Code Civ. Proc. § 473(b), (d) because he was not served with the Motion and had no notice of the September 8, 2017, hearing. Alan argues that service occurred only on his attorney, Louisa Pensanti, who was suspended from practicing law. Alan also provides that he has no assets to pay the sanctions and will have to pursue bankruptcy if the sanctions order is ...

Excerpt: ...North America, LLC (“BMW”) and Indigo Blue & White Motorcars, LLC d/b/a BMW of Palm Springs (“Palm”) seek to transfer venue to Riverside County. (Code Civ. Proc. §§ 396a(b), (e), 396b(a), 397(a), (c); Civ. Code § 2198.) Defendants argue, “[t]he proper venue for this action is in the Superior Court of California, County of Riverside because (1) that is where the purchase contract for the Subject Vehicle was signed, (2) that is where t...

Excerpt: ...sa Lira seeks to quash a business record subpoena issued to her medical provider. Plaintiff argues this subpoena is overbroad, particularly given her privacy rights. Alternatively, Plaintiff requests that the subpoena be narrowed and that Plaintiff have a “first peek opportunity to redact non-relevant information.” Plaintiff also seeks sanctions in the amount of $4,261.65. The subject subpoena seeks the following documents, Any and all record...

Excerpt: ...Duke Development, Inc. and Emmanual Labranche Tentative Ruling: The Motion is denied. On August 25, 2017, the Court granted motions to compel arbitration filed by (1) Defendants Community Rebuild Partners, Community Rebuild Asset Holdings, and Greg Hebner (“Community Defendants”), and (2) Defendants Jack Gironda and Preferred Home Inspection Service, LLC (“Preferred Defendants”). The action was stayed as to the remaining Defendants, speci...

Excerpt: ... Complaint was subsequently filed, the Court did not grant leave for such pleading to be filed. Plaintiff Lannette Johnson moves for summary judgment against Defendant Kevin Chambers. The Motion relies on (1) Johnson's requests for admissions which were deemed admitted and (2) Johnson's declaration. The only evidence as to any amount of damages is Plaintiff's statement that she has suffered $100,000 in emotional distress damages. (Johnson Decl. �...

Excerpt: ...t for (1) CFRA retaliation, (2) FEHA retaliation, (3) FEHA disability discrimination, (4) FEHA age discrimination, (5) wrongful termination in violation of public policy, (6) FEHA failure to prevent retaliation and discrimination, (7) defamation, and (8) intentional infliction of emotional distress. Defendant Southern California Permanente Medical Group issued a subpoena to Adventist Hospital for Plaintiff's employment records. Defendant contends...

Excerpt: ...er 9, 2020, William W. Bloch, counsel for Plaintiff, sought to depose an employee of Defendant, Lassandra Hill. The deposition was held via Zoom. While counsel for Defendant, Sherry Gregorio, was setting up equipment to begin the deposition, Bloch's video feed was already viewable by Gregorio and Hill. Hill, a black woman, provides, “I heard Mr. Bloch make racially derogatory comments to someone. He stated, ‘I bet she's a Black. With a name l...

Excerpt: ...ecember 5, 2018, Judge Joseph Kalin tried the issue of whether Plaintiff/Cross‐Defendant Lee Lipscomb waived the right to partition. On December 28, 2018, the Court entered a statement of decision finding that Lipscomb had waived such right. On January 15, 2019, Lipscomb filed objections to the Court's statement of decision. Lipscomb seeks a mistrial because Judge Kalin never ruled upon Lipscomb's objections and, therefore, did not submit a fin...

Excerpt: ...omplaint (“TAC”) for (1) financial elder abuse, (2) breach of contract, (3) violations of the UCL, (4) public injunction, (5) cancellation of taxes, (6) violations of the Home Solicitation Act (“HSA”), (7) violations of contractors' state license law, (8) violations of the Consumers Legal Remedies Act (“CLRA”), (9) negligence, (10) intentional/negligent misrepresentation, (11) intentional interference with contractual relations, (12) ...

Excerpt: ...on and (2) professional negligence against Defendant Jamie Wright. Defendant Trina Patterson demurs to the first cause of action for failure to state sufficient facts. Specifically, Defendant argues she is not an attorney; that Plaintiff entered into an agreement with DirectConnect Legal Solutions and not Defendant; and Defendant did not cause Plaintiff's damages. With respect to Patterson, the allegations of the FAC are as follows. Plaintiff was...

Excerpt: ...ly with notice of termination of tenancy and three day notice to quit, (2) failure to comply with thirty day notice to perform covenant or quit, (3) failure to comply with notice of termination of tenancy and three day notice to quit, and (4) unlawful detention of premises due to defendant's failure to vacate at expiration of term of lease. Plaintiff “seeks an order requiring Defendant to pay into Court, or pay into an escrow account designated...

Excerpt: ...us condition of public property and (2) negligence. Plaintiff alleges that he was injured in a train by pedestrian collision on December 13, 2017. On May 8, 2020, Plaintiff amended the Complaint to identify Doe 31 as Jeffrey Hosford. Hosford subsequently filed a motion to quash and demurrer on the basis that the doe amendment was improper because Hosford's identity and culpability were known at the time the Complaint was filed. Hosford argued tha...

Excerpt: ...arbitration agreement executed by Plaintiff Milena Denis as a component of her employment. Plaintiff argues the subject agreement is unconscionable. “ ‘[U]nconscionability has both a “procedural” and a “substantive” element,' the former focusing on ‘ “oppression” ' or ‘ “surprise” ' due to unequal bargaining power, the latter on ‘ “overly harsh” ' or ‘ “one‐sided” ' results. [Citation.] ‘The prevailing view...

Excerpt: ...o be argued. On November 7, 2019, Plaintiff R.D. filed the operative Complaint for (1) sexual battery in violation of Civ. Code § 1708.5, (2) assault, and (3) battery. Plaintiff alleges she was subjected to an unconsented ejaculation by Defendant Michael Ott which resulted in an unwanted pregnancy. Plaintiff alleges Ott's actions were taken within the course and scope of his employment for Defendant University of Southern California (“USC”) ...

Excerpt: ...gust 31, 2020, Plaintiff Urban Home filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraudulent concealment, (4) breach of the implied covenant of quiet enjoyment, and (5) declaratory relief. Plaintiff alleges that Defendants Macerich Westside Pavilion Property, LLC and One Westside, LLC destroyed the value of Plaintiff's commercial tenancy b...

Excerpt: ...2020, Plaintiffs Melissa A. Romain, Aidan Romain, Olivia Romain, and Alex Romain filed the operative Complaint for (1) negligence (contractor), (2) negligence (broker), and (3) fraud. Plaintiffs allege they were sold a home with construction defects. Plaintiffs issued a business records subpoena to nonparty Tanner, Mainstain, Glynn & Johnson LLP (“TMG”), an accounting firm, the principals of which recorded a deed of trust as to the subject pr...

Excerpt: ...employment matter on the basis of an arbitration agreement executed by Plaintiff as a component of his work. (Paxson Decl., Exhibit A.) Plaintiff opposes the Motion because (1) the subject agreement does not comply with the safeguards set out in Armendariz v. Found. Health Psychcare Servs., Inc. (2000) 24 Cal. 4th 83 and (2) the agreement is unconscionable. Armendariz held that arbitration agreements as to FEHA claims must “(1) provide[] for ne...

Excerpt: ... Plaintiff Anthony J. Gratton, on behalf of himself and all others similarly situated, filed the operative First Amended Complaint for (1) Failure to Provide Rest Breaks (Lab. Code §§226.7 and 1198); (2) Failure to Provide Meal Periods (Lab. Code §§226.7, 512 and 1198); (3) Failure to Pay All Wages Earned for All Hours Worked the Correct Rates of Pay (Lab. Code §§ 226.2, 510, 1194, 1197, and 1198); (4) Wage Statement Penalties (Lab. Code §...

Excerpt: ...uired accounting reports. On February 21, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) fraud, (3) common count, and (4) accounting. Plaintiff David Straiton seeks leave to file a Second Amended Complaint (“SAC”) adding a defendant, King Baby, Inc., and a cause of action to set aside a voidable transaction. On October 6, 2020, the Court heard Plaintiff's motio...

Excerpt: ...f action. The third cause of action is stayed. This is an insurance coverage dispute which arises from a personal injury action, specifically case no. BC687919. In BC687919, the plaintiff fell from a motorized wheelchair and sued the manufacturer, Pride Mobility Products Corporation (“Pride”), and the seller, Superior Mobility, Inc. (“Superior”). Superior filed a cross-complaint against Pride for indemnification, apportionment of fault, d...

Excerpt: ...us tree on the border between two properties as well as various alleged encroachments by Defendants. On October 8, 2019, Plaintiffs Ashley Wachsman and Elizabeth Nimni filed the operative First Amended Complaint (“FAC”) against Defendants Janger and Davidson for: (1) declaratory relief re boundary and encroachments, (2) declaratory relief re encroachments and equitable easement, (3) declaratory relief re “protected tree as nuisance,” (4) ...

Excerpt: ... which Plaintiff alleges that its former employees misappropriated Plaintiff's trade secrets relating to its produce business in order to aid and join a competitor. On September 1, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) trade secret misappropriation, (2) breach of fiduciary duty, (3) intentional interference with contract, (4) breach of loan agreement, (5) breach of confidentiality agreement, (6) violation...

Excerpt: ...negligent interference with prospective economic advantage, (4) breach of duty of good faith, (5) conversion, (6) trespass to chattel, and (7) fraud. Among other things, Plaintiff alleges that Defendant Barret Kaplan improperly dissolved Moosehorn Film Rentals, LLC (“Moosehorn”) and converted Plaintiff's assets. Defendant Kaplan demurs to all causes of action for uncertainty and failure to state sufficient facts. (a) Breach of Contract (1st C...

Excerpt: ...nnis, and Cristina Zavalia On October 13, 2020, the Court appointed a receiver to take control of Defendant Relief CCR's cannabis business in order to satisfy the judgment in this action. The Court also granted injunctive relief to enable the receiver to take action. Defendant Relief CCR now moves to vacate the aforementioned order because (1) Defendant did not receive notice of the motion to appoint a receiver; (2) the order is deficient; and (3...

Excerpt: ...amendment to the extent Plaintiff was not ignorant of his identity at the time the Complaint was filed. Defendant argues that a traffic collision report relating to the subject incident “contains Mr. Hosford's name and identity . . . his role in the incident, as well as his statement regarding how the incident occurred.” Defendant also argues that “[i]n February of 2019 [Defendant Union Pacific Railroad Company] further identified Mr. Hosfo...

Excerpt: ...s and Gavin de Becker for (1) defamation and (2) intentional infliction of emotional distress. Plaintiff alleges that Defendants falsely published statements that (a) Plaintiff leaked nude photos of Defendant Bezos to the press; (b) he did so as part of a conservative conspiracy with, for example, Roger Stone, Carter Page, and the government of Saudi Arabia to injure Defendant Bezos; (c) Plaintiff stole and sold pictures of his sister, Lauren San...