Excerpt: ...21, Plaintiff Daniel La Mar filed the operative Second Amended Complaint (“SAC”) against Defendants Food LA, LLC and Judith Ornstein for (1) failure to provide meal periods, (2) failure to provide rest periods, (3) violations of the UCL, (4) FEHA retaliation, (5) FEHA preemtive retaliation, and (6) failure to prevent retaliation, harassment, and discrimination. I. Demurrer Defendants Food LA, LLC and Judith Ornstein demur to the fourth throug...

Excerpt: ...it relating to medical negligence as to Plaintiff's cataract surgery. Defendant Sapir seeks to strike the following allegations from the FAC as false or irrelevant: Page 3, lines 1‐2: “Plaintiff assumed that Dr. Shammas would be performing the surgery as he was the only doctor Plaintiff was in contact with at the Shammas Eye Center.” 2. Page 3, lines 3‐6: “Plaintiff was never formally introduced to Dr. Jivrajka before surgery, but Dr. J...

Excerpt: ...atory relief, and (3) injunctive relief. The allegations of the FAC are as follows. Plaintiff sought to purchase a firearm. The dealer initiated a background check which was done by the California Department of Justice (“DOJ”) pursuant to Penal Code § 28220. The DOJ notified Plaintiff that clearance for the sale would be delayed beyond ten days because “the Department has identified state and/or federal records matching your identifying in...

Excerpt: ...ll as fraudulent concealment. The sole Defendant in this matter, Defendant Kia Motors America, Inc., seeks to compel arbitration. This request is premised on the purchase agreement for the subject vehicle between the dealership and Plaintiffs containing an arbitration provision. As a non‐signatory, Defendant premises its Motion on equitable estoppel and third‐party beneficiary status. The subject arbitration provision is as follows. Any claim...

Excerpt: ...er Sauer and Designing Edge Builders, Inc. seek to consolidate 20STCV01082 and 20STLC02980, which have already been related. In 20STCV01082, Plaintiff BMC West, LLC (“BMC”) filed the operative Complaint for (1) foreclosure on mechanic's lien and (2) enforcement against mechanic's lien release bond. BMC (a subcontractor) alleges it recorded a mechanic's lien for $41,329.01 which represents the amount owed by Defendant Michael Karlin, individua...

Excerpt: ...of Los Angeles (“County”) for (1) breach of contract, (2) violations of the UCL, and (3) declaratory relief. On April 13, 2021, a default was entered for the County. The County now moves to set aside its default based on the discretionary provision of Code Civ. Proc. § 473(b). The County provides that there was an “initial complaint against County [that] was dismissed. When the subject complaint was filed, as the subject complaint involved...

Excerpt: ...itive damages. The Motion is denied as to the third cause of action. This is an action arising from alleged defects in a 2016 Kia Optima purchased by Plaintiffs. On October 11, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) violation of express warranty, (2) violation of implied warranty, (3) violation Civ. Code § 1793.2, (4) fraudulent inducement—concealment, and (5) fraudulent induc...

Excerpt: ... Aubrey Pittman filed the operative Complaint against Defendant MV Transportation, Inc. for (1) FEHA failure to accommodate, (2) FEHA failure to engage in the interactive process, and (3) FEHA disability discrimination. Defendant MV Transportation, Inc. seeks summary judgment or, alternatively, summary adjudication of all causes of action as well as the issue of punitive damages. This is a relatively simple case. Plaintiff is a bus driver. Plaint...

Excerpt: ...d individual who requires screen reading software to read website content and access the internet. At all relevant times, Defendant SPD Group, Inc. (“Defendant”) maintained its website, https://jrdunn.com/ (the “Website”) in such a way that the Website contained numerous access barriers preventing Plaintiff, and other blind and visually-impaired individuals, from gaining equal access to the Website. At all relevant times, Defendant's deni...

Excerpt: ...contract and (2) common counts. The Complaint alleges Defendant failed to make payment for software and online services. On March 17, 2021, MoveCU, Inc. filed a First Amended Cross-Complaint (“FACC”) against Meridianlink, Inc. for (1) breach of contract, (2) intentional misrepresentation, and (3) negligent misrepresentation. The FACC alleges that Meridianlink failed to provide services pursuant to the contract attached to the Complaint. The F...

Excerpt: ...inst Defendants Michael Joseph and Northern California Mortgage Fund XIII, LLC for (1) intentional infliction of emotional distress (“IIED”), (2) negligent infliction of emotional distress (“NIED”), (3) defamation, and (4) slander. The allegations of the FAC are as follows. Defendants foreclosed upon Plaintiff's property despite that Plaintiff claimed a stay as a result of having filed bankruptcy petitions. Defendant Joseph fraudulently p...

Excerpt: ...se of action. On March 8, 2021, Plaintiff Clubhouse Media Group, Inc. filed the operative Complaint against Defendant Leslie Golden for (1) slander, (2) libel, (3) violations of the UCL, and (4) breach of contract. The allegations of the Complaint are as follows. Plaintiff owns and operates content houses, which are places where social media influencers live together and create new content as part of a business venture. Defendant Golden is an inf...

Excerpt: ...rculating 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. Defendant seeks to seal portions of “(1) Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment; (2) Plaintiff's Responsive Separate Statement of Disputed and Undisputed Material Facts in Opposition...

Excerpt: ...earnings withholdings order on the California Department of Transportation (“DOT”), which is Judgment Debtor Azizolah Javahery's employer. Upstream provides, “[d]espite the gross monthly earnings of Defendant in the amount of $9,455.40, the Assignee has received from the Earnings Withholding Order an amount of less than $2,000.00 (two thousand dollars) since the date the Earnings Withholding Order was served on January 17, 2020, some fourte...

Excerpt: ...ntative Ruling: The Motion to Determine Validity is granted. The Election and Appointment of Directors was invalid. The Motion to Appoint Provisional Director is denied. Application: As to the March 2, 2021, notice of ruling, paragraph 7 is stricken and shall be deemed to now read,“The Court related case nos. 20STCV42005 and 21STCV04092.” The Request to dismiss OMC as Plaintiff and to add OMC as a nominal Defendant is denied as moot. On Novem...

Excerpt: ...a lemon law action with spice added. On March 1, 2021, Plaintiffs Arbanon Adam Gjokaj and Zuraja Gjokaj filed the operative Complaint for (1) violations of the CLRA, (2) breach of express warranty in violation of Civ. Code § 1794, (3) breach of the implied warranty of merchantability, (4) failure to commence and complete repairs within reasonable time in violation of Civ. Code § 1793.2(b), (5) failure to promptly repurchase vehicle in violation...

Excerpt: ...otion to Compel Discovery Responses is denied without prejudice. On October 13, 2020, Plaintiff Dave Carothers filed the operative Complaint for (1) constructive discharge in violation of public policy, (2) FEHA retaliation, (3) FEHA discrimination, and (4) FEHA failure to prevent discrimination and retaliation. Plaintiff Dave Carothers, a former partner of Carothers, DiSante, Freudenberger, LLP, now known as CDF Labor Law LLP (“CDF”), allege...

Excerpt: ...aim. The Petition provides as follows. CDT sought to collect on a tax liability owed by an unlicensed cannabis dispensary. CDT, through the California Highway Patrol, was able to collect $7,880 from an ATM within the cannabis dispensary's premises. Subsequently, Real Lapple Solutions Inc. filed a claim of exemption form as to the subject funds that was signed by Raul Ayala. Because CDT potentially faced conflicting claims for the funds and Ayala ...

Excerpt: ...ave to amend. On December 1, 2020, Plaintiff Marvin Louis Lowery, Jr., a pro per litigant, filed the operative Complaint against Defendant The Regents of the University of California for (1) police misconduct, (2) unlawful detention, and (3) mental anguish. The allegations of the Complaint are as follows. Plaintiff was charging his phone and laptop inside a UCLA parking lot. Defendant's UCLA police force then unlawfully detained and searched Plai...

Excerpt: ...(3) failure to engage in a timely, good faith, interactive process; (4) failure to reasonably accommodate disabilities; (5) retaliation for opposing violations of gov't code part 2.8; (6) failure to prevent and stop harassment, discrimination and retaliation; (7) whistleblower retaliation; and (8) wrongful termination. Defendant Magic Mountain LLC seeks summary judgment or, alternatively, summary adjudication of all causes of action as well as th...

Excerpt: ...d, LLC is stricken. The Demurrer is sustained as to Sean Saed's cross‐claims, with twenty days leave to amend. On December 23, 2020, Plaintiff Civic Ventures, LLC, as attorney in fact for ABS Loan Trust IV, US Bank National Association, as Trustee (“Civic”) filed the operative Complaint against Defendants Imperial Standard, LLC and Sean Saed for (1) conversion, (2) breach of contract, and (3) declaratory relief. The allegations of the Compl...

Excerpt: ...s to timber, (2) IIED, (3) trespass to real property, (4) quiet title, and (5) declaratory relief. The Complaint alleges Defendants Ashley Wachsman and Elizabeth Nimni unlawfully cut a eucalyptus tree on the boundary of the parties' properties. Defendants Ashley Wachsman and Elizabeth Nimni move for summary adjudication as to the first cause of action, the claim for double or treble damages for the first cause of action, the second cause of actio...

Excerpt: ...1, 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‐Defendants unlawfully disrupte...

Excerpt: ...nchez for (1) return of conditional gift, (2) rescission of agreement, (3) constructive fraud, and (4) quiet title. This is a family dispute. Defendant Jose Perez is Plaintiff's ex‐husband and Defendant Alejandra Sanchez is Plaintiff's daughter. The allegations of the FAC are as follows. “In 2011 Maria, for no consideration, conveyed [her] [home] to her daughter Alejandra as an estate‐planning device for the purpose of transferring the Prop...

Excerpt: ...rth herein. On October 23, 2020, Plaintiffs County of Los Angeles and County of Los Angeles Public Health Officer Muntu Davis, M.D., M.P.H. filed a Complaint against Defendants Shaul Yakovi, Ben and Reef Gardens, Inc., Ronit Waizgen, and Erez Karni for (1) violation of public health orders; (2) abatement of public nuisance; and (3) violation of Los Angeles County Code Section 1.23.050. Erez Karni has been dismissed. On December 15, 2020, Plaintif...