Excerpt: ...Motion to Compel Further Responses is granted. The Motion for Leave to File Second Amended Complaint is granted. This is an employment action in which Plaintiff alleges, among other things, that Defendant failed to provide an accommodation for Plaintiff's PTSD/anxiety and arm injury. On December 5, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA failure to accommodate, (3) F...

Excerpt: ...frauded of money lent for supposed real property and cannabis businesses. On June 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) fraud—intentional misrepresentation, concealment, and false promise, (2) negligent misrepresentation, (3) actual fraud—intent to hinder, delay, or defraud creditor, (4) constructive fraud, (5) reformation of contract, (6) judicial foreclosure of real property, (7) judicial forecl...

Excerpt: ...t this employer used metal, serrated knives at its LAX restaurant. On November 6, 2018, Plaintiff filed the operative 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 Cod...

Excerpt: ...nst Plaintiff. On September 24, 2018, Plaintiff filed the operative Complaint for breach of contract. I. Anti-SLAPP Motion Defendant brings an Anti-SLAPP Motion arguing that (1) Plaintiff's breach of contract claim arises from protected activity to the extent it challenges Defendant's testimony in a lawsuit and (2) there is no probability of prevailing on such claim because the contract provision sought to be enforced is void and the litigation p...

Excerpt: ... LLC's Demurrer is overruled. The Demurrer of Defendants Peak Foreclosure, Inc. and PeaK Financial Partners, Inc. is sustained. On September 20, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) for (1) breach of written contract, (2) accounting, (3) unjust enrichment, and (4) fraud in the inducement. The SAC alleges that “Defendants breached their covenants with Plaintiff by improperly servicing Plaintiff's mortgage loan...

Excerpt: ...h the LAPD, alleges that her coworkers subjected her to harassment by circulating 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. Plaintiff brings a Motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 to obtain: 1. The complete Los Angeles Police Department Internal Affairs investigation file ...

Excerpt: ...xchange for his employment. On August6 7, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) 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,...

Excerpt: ... 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 Constitution, (5) FEHA di...

Excerpt: ...ntiff filed the operative Second Amended Complaint (“SAC”) 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. Defendant Kia Motors America, Inc. seeks summary adjudication of Plaintiff's fourth and fifth causes of action. Defendant argues the fifth c...

Excerpt: ...xecuted a quitclaim deed. On May 23, 2019, Plaintiff filed the operative Complaint for (1) cancellation of instrument based on fraud in factum, (2) cancellation of written instrument based on non-delivery, (3) rescission of written instrument, and (4) quiet title. Defendant Medina demurs to all causes of action (1) because there exists another suit pending between the parties on the same cause of action, and (2) for failure to plead such claims w...

Excerpt: ... provide an accommodation for Plaitniff's PTSD/anxiety and arm injury. On December 5, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA failure to accommodate, (3) FEHA failure to engage in the interactive process, (4) FEHA retaliation, and (5) FEHA failure to prevent discrimination. In July 2019, Defendant issued a subpoena to Plaintiff's medical provider, seeking essentially...

Excerpt: ... Waldorf Astoria Management, LLC, Oasis West Realty, LLC, and Hilton Worldwide Holdings, Inc. seek to compel arbitration based on an arbitration agreement executed by Plaintiff encompassing the Complaint's employment claims. Plaintiff opposes the Motion, arguing the subject arbitration agreement lacks consideration and is unconscionable. Plaintiff's first contention has no merit. Plaintiff's employment was a component of consideration. On the oth...

Excerpt: ...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) violation of the CFRA, (7) declaratory relief, and (8) wrongful termination. Motion for Summary Judgment/Adjudication Defendant moves for summary judgment or, alternatively, summary adjudication of all causes of act...

Excerpt: ... 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 allegedly failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”) on January 17, 2018, all...

Excerpt: ...his is a legal malpractice action arising from Defendant Richard Wooley's (“Defendant”) representation of Plaintiff Janae Scales aka Stephanie Desselle (“Plaintiff”) before the Workers' Compensation Appeals Board after Plaintiff could no longer work because of injuries to her wrists and left elbow. (Compl. ¶ 7.) Plaintiff alleges that Defendant failed to competently represent her in two ways. First, Defendant voluntarily provided records...

Excerpt: ...sustained in part. Morgan's Demurrer is sustained. The Motion to Strike is denied as moot. On November 7, 2018, Plaintiff Richard Pech (“Pech”) filed the operative Complaint for (1) breach of contract, (2) account stated, (3) quantum meruit, (4) fraud, (5) breach of contract, (6) account stated, and (7) quantum meruit. Plaintiff alleges Defendant Thomas E. Morgan, III (“Morgan”) failed to pay attorneys' fees for various matters. On August...

Excerpt: ...f 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, and (7)-(10) violations of Civ. Code §§ 51.7, 52.4, 52.45, 52.1. Anti-SLAPP Motion ...

Excerpt: ...s 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 allegedly failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”) on January 17, 2018, alleging causes of action for...

Excerpt: ...e is granted. This is an action in which Plaintiffs allege that they requested workers' compensation coverage from their insurance agents—Defendants Access Insurance Services, Inc. and Woodward Loo— but that Defendants failed to obtain such coverage for Plaintiffs. Subsequently, Plaintiffs' employee filed a workers' compensation claim for which Plaintiffs did not have coverage. Thus, on July 10, 2017, Plaintiffs filed the operative First Amen...

Excerpt: ...nd Jing Wang Tentative Ruling: The Motion for an Undertaking is denied. This is an action in which Plaintiffs allege that they provided investment funds to Defendants for the purposes of the EB-5 Immigrant Investor Visa Program, but that the funds were dissipated for unrelated purposes. The Complaint in BC712127 alleges causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) fraudulent concealment, (4) breach ...

Excerpt: ...s VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, VincentBenjamin Los Angeles Consulting, LLC, and Jeremy Mollet (3) Defendants VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, and VincentBenjamin Los Angeles Consulting, LLC (4) Sam Brenner and Michael Grimm Responding Party: (1)-(2) Sam Brenner (3) Sam Brenner, Michael Grimm, and CRB Workforce, LLC (4) Defendants VincentBenjamin Group, LLC, VincentBenjamin ...

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: ...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: ...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: ...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: ...ttlement are granted. This is an action arising from Defendants' alleged professional negligence in representing Plaintiffs in a personal injury action styled Johnson v. Michino, BC561701 (“underlying action”). On May 24, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) negligence, (2) breach of contract, (3) negligence, (4) breach of contract, (5) negligence, (6) breach of contract, (7) breach of fiduciary dut...

Excerpt: ... (1) breach of contract, (2) money had and received, (3) conversion, (4) breach of fiduciary duty, (5) fraud and deceit, (6) involuntary dissolution, (7) accounting, and (8) quantum meruit. Defendants Rocky Hong and Duke Bakery, Inc. seek to compel arbitration based on an arbitration provision within a partnership agreement executed by the parties. Plaintiffs oppose the Motion, first arguing that Plaintiff Cai has a right to remove this dispute t...

Excerpt: ...r. Mojtaba Sabahi, Dr. Farshad Nosratian, Dr. Farid <004b005200500044005000 4c[ Tentative Ruling: The Motion for Leave to File Amended Cross-Complaint is denied. On December 27, 2018, Cross-Complainants Mehmet Pekerol (“Pekerol”) and Mehmet Pekerol MD, APC filed a Third Amended Cross-Complaint (“TACC”)[1] alleging causes of action for (1) FEHA harassment, (2) retaliation, (3) intentional infliction of emotional distress (“IIED”), (4) ...

Excerpt: ...e denied. This is an action arising from Plaintiff's employment as a janitor for Defendant Tuttle Family Enterprises, Inc. 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 t...

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: ...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: ...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: ...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...

Excerpt: ... Code § 1102.5. Defendant seeks to bifurcate the trial in this action to first conduct a phase in which it will be determined whether Plaintiff is a whistleblower prior to a second phase in which the remaining elements of whistleblower retaliation will be addressed. The Court appreciates Defendant's arguments, but disagrees that bifurcation is necessarily expedient or warranted otherwise in this matter. Further, the Court under the circumstances...

Excerpt: ...were not taken and unlawfully rounding. On January 3, 2018, Plaintiff filed the operative First Amended Complain (“FAC”) alleging causes of action for (1) failure to pay all wages due to illegal rounding, (2) failure to pay all wages due to auto-deduct meals, (3) failure to provide all meal periods, (4) failure to authorize and permit all paid rest periods, (5) derivative failure to timely furnish accurate itemized wage statements, and (6) vi...

Excerpt: ...d Century Surety Company on behalf of DSC Craftsmen, Inc. Opposing Party: (1) Cross-Complainants Mark H. Savel Architects, Inc. and Mark Savel (2) Mark H. Savel Architects, Inc. and Commercial Air, Inc. Tentative Ruling: <0055004400510057004800 470011> <0051000300490052005500 005100440057004c0052>n of Good Faith Settlement is continued for further briefing. Motion for Summary Adjudication On July 26, 2017, Mark H. Savel Architects, Inc. (“Savel...

Excerpt: ...iff David Solomon filed this action against Defendants Spinal Solutions, Inc.; Roger Williams; Mary Williams; Crowder Machine and Tool Shop; William Crowder; Physicians of Midway, Inc.; and Olympia Medical Center arising out of alleged counterfeit and defective spinal screws (manufactured by Crowder Machine and Crowder, and distributed by Spinal Solutions and the Williams) which were placed into Plaintiff's back during lumbar fusion surgery by Ol...

Excerpt: ... be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (California Rules of Court (“CRC”) Rule 2.550, subd. (d).) A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (“Huffy”) (2003) 112 Cal.App.4th 97, 108....

Excerpt: ...04c00 560003> sustained. Defendant Concord Ventures, Inc.'s Motion to Strike is granted. The Demurrer of Defendants De Miranda Property Management, Holiston Shankle, and Holiston Shankle Trust is sustained in part. The Motion to Strike of Defendants De Miranda Property Management, Holiston Shankle, and Holiston Shankle Trust is granted in part. This is an action arising from an alleged breach of the warranty of habitability. On May 15, 2018, Plai...

Excerpt: ...l. The operative Second Amended Complaint (“SAC”) asserts causes of action for (1) elder abuse, (2) negligence, and (3) violation of residents' rights. Demurrer Defendant Kingsley Ofoegbu demurs to the first cause of action for elder abuse. Defendant argues the SAC merely pleads professional negligence rather than neglect under Welfare & Institutions Code § 15610.57(a). Defendant also argues that a sufficient custodial relationship is not pl...

Excerpt: ...005700520003>Request for Production is denied. <0051000300570052000300 00560003005700520003>Requests for Admissions is denied. This is an action arising from alleged defects in a 2011 BMW 750 LI purchased by Plaintiff. On November 17, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of implied warranty of merchantability, and (2) breach of express warranty under Song- Beverly Warranty Act. Motions to Compel F...

Excerpt: ...Family Irrevocable Trust dated August 31, 1967, filed this legal malpractice action against Defendants Henry H. Dearing, Michele Abernathy, and Gifford Dearing & Abernathy, LLP (“GDA”) arising out of the representation of the Trust in various trust matters in superior courts in Los Angeles County (BP146945 and BP147495) and Ventura County (56-2013-00444799-CU-OR-VTA). Defendants Henry Dearing, Michele Abernathy, and GDA move for summary adjud...

Excerpt: ...037004b0048> Motion to Reopen Discovery is denied. On 3/28/16, Plaintiff Thomas Layton filed this action against Defendant The State Bar of California and various individual defendants arising out of the termination of his employment. On 6/7/16, Plaintiff filed a First Amended Complaint. On 7/22/16, the Court sustained Defendants' demurrer to the FAC with leave to amend and stayed this action pending proceedings in the PERB. On 12/14/16, the Cour...

Excerpt: ...70003>as Counsel are granted. This is an action arising from Plaintiff's employment with Defendant Excell Prod Inc. as a <0049004c004f0048004700 005500440057004c0059>e Complaint alleging wage and hour claims as well as a cause of action for violations of the UCL. Compel Compliance Plaintiff seeks to compel compliance as to Defendant Excell Prod Inc.'s responses to requests for <00030015001b000f000300 0019000f00030017001b>-54, 56, and 57. Plaintif...

Excerpt: ...s, and (4) unfair competition. Defendant demurs to the first and third causes of action for uncertainty and failure to state sufficient facts. Since the filing of the Demurrer, Plaintiff has dismissed the third cause of action. Thus, at issue for the Demurrer is only the first cause of action for misappropriation of trade secret. Defendant argues such claim fails because Plaintiff has not adequately pled the existence of any trade secret. The Cou...

Excerpt: ...d breach of contract by Defendant Noribachi Corporation in connection with the sale of LEDs. On September 7, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of contract, (3) agreed value of goods sold and delivered, (4) reasonable value of goods sold and delivered, (5) account stated, and (6) open book account. On June 22, 2018, Noribachi filed a First Amended Cross-Complaint against ...

Excerpt: ...nt of any judgment or order. (b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed. (c) This section applies whether or not an appeal will be ta...

Excerpt: ... operative Complaint alleging causes of action for (1) breach of fiduciary duty, (2) constructive fraud, (3) fraud, (4) negligent misrepresentation, and (5) unfair Business Practices. On April 20, 2018, the Court compelled the parties to arbitrate this matter. Non-party Wild Bunch, S.A. seeks to intervene in this action on the basis of having a lien against the judgment in this matter as it pertains to Plaintiffs Worldview Entertainment Holdings,...

Excerpt: ...rey Scapa, and Wino 12 LLC. Plaintiff contends that Defendants waived their right to assert objections by serving late discovery responses and that the responses provided are inadequate. Defendants primarily argue that Plaintiff failed to meet and confer in good faith because his meet and confer letter referenced responses by Wino 12 LLC which Wino did not actually provide. Defendants contend that upon notifying Plaintiff of this, Plaintiff took ...

Excerpt: ... (2) breach of implied warranty of habitability, (3) violation of Civ. Code § 1942.4, (4) intentional infliction of emotional distress, (5) nuisance, and (6) retaliatory eviction. Defendant Dorian Murray, as the Trustee of the Albert J. Murray Trust, demurs to all causes of action because (1) it was not properly served with the summons and Complaint, (2) there is a misjoinder of parties, and (3) the Complaint is uncertain. Defendant's argument a...

Excerpt: ...bly incurred in connection with this action. Specifically, Defendant seeks to strike costs associated with overnight postage, data storage, attorney services, and court appearance attorneys. “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the b...

Excerpt: ...ehzad Noorian; Dr. Mojtaba Sabahi; Dr. Farshad Nosratian; Dr. Farid Besharat; Dr. Marjan Chegounchi; and Jaadi Khomami Tentative Ruling: The Motions to Compel are granted in part. <0003000300030037004b00 00030049005200550003>Leave to Amend is granted in part. On 10/1/15, Plaintiff Christina Anakor filed this action against Defendants Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc., KND 53, LLC, and KND Development 53, LLC dba Kindred...

Excerpt: ...purchased. On April 17, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) fraud, (3) negligent misrepresentation, (4) breach of fiduciary duty, and (5) constructive fraud. Demurrer Defendant demurs to all claims for failure to state sufficient facts. (1) Statute of Limitations Defendant argues that the second through fifth causes of action are time-barred. Specificall...

Excerpt: ... as a referee for Defendants. On November 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to accommodate, and (3) violation of Civ. Code §§ 51, 52. Defendants Channel Coast Volleyball Officials Association and Southern California Volleyball Officials' Association move to strike all references in the Complaint to punitive damages for failure to plead malicious, oppressive, ...

Excerpt: ...the extent the remaining Defendants have been dismissed or have defaulted. The Court may have suggested that a motion for judgment on the pleadings as a general postulate would be one approach to seeking recovery of the interpleaded funds. While as a general proposition that might be workable in some cases of this type, and upon further reflection, it now appears that the issue of what entity should receive the interpleaded funds is not now suita...

Excerpt: ... (1) (2) Plaintiffs Tomoe Michino and Mitch Michino <0010002600520050005300 0003002400550044004c[ Mitchell PC and John Arai Mitchell Tentative Ruling: The Demurrer to the Complaint is overruled. <0051000300570052000300 00560003005700520003>the Complaint is granted. <0055004800550003005700 00520056005600100026>omplaint is sustained in part. This is an action arising from Defendants' alleged professional negligence in representing Plaintiffs in a p...

Excerpt: ...017, Plaintiff filed the operative Complaint alleging causes of action for (1) employment discrimination, and (2) wrongful termination. Plaintiff now seeks leave to file a first amended complaint adding allegations which clarify his existing causes of action. Such allegations pertain to violations of Defendants' obligations under the FMLA and/or CFRA. Plaintiff contends he now seeks to make the aforementioned amendments because Plaintiff learned ...

Excerpt: ...ompany. On September 11, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of fiduciary duty, (2) fraud, (3) conversion, (4) constructive trust, (5) indemnity, (6) declaratory relief, and (7) violation of Lab. Code § 2863. On September 25, 2017, the Court issued a Protective Order as to financial documents pertaining to Defendant that were obtained from her bank. The Protective Order...

Excerpt: ...ertain college football games, entered into a contract in which Defendant agreed to sell advertising time for the broadcast on behalf of Plaintiff and tender advertising fees to Plaintiff pursuant to a schedule. However, aside from tendering an initial guaranteed payment, Defendant allegedly failed to tender any other payments and eventually terminated the subject contract. On February 8, 2017, Plaintiff filed the operative Complaint alleging cau...

Excerpt: ...10057005600 0044005c000f0003002c[nc., Frito-Lay North America, Inc., Frito-Lay Sales, Inc., Rolling Frito-Lay Sales, LP, and PepsiCo, Inc. Tentative Ruling: The Motion to Compel Arbitration is granted. <0051000300570052000300 0048005300520056004c>tion is denied. This is an action arising from Plaintiff's employment as a warehouser with Defendants. On November 30, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) medi...

Excerpt: ...es of action for uncertainty and failure to state sufficient facts. Defendants also seek to strike an allegation pertaining to national origin discrimination. On March 18, 2018, Plaintiff personally served Defendant Rubio with the Complaint, and on March 30, 2018 Plaintiff personally served Defendant ADIR International, LLC with the Complaint. A defendant has thirty days from the time a Complaint is served to file a demurrer and/or motion to stri...

Excerpt: ...ff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of the implied warranty, (2) breach of express warranty, (3) violation of the Song-Beverly Consumer Warranty Act, (4) unfair competition, (5) violation of the CLRA, and (6) fraud. Demurrer Defendant demurs to the fourth, fifth, and sixth causes of action for uncertainty and for failure to state sufficient facts. The fifth and sixth causes of action...

Excerpt: ...s allege that they sought to preclude a foreclosure of their property located at 4245 W 62 nd St., Los Angeles, CA 90043 by contracting with Defendants. Despite making monthly payments to Defendants, Defendants allegedly took no action to stop the foreclosure and instead fraudulently transferred the property to themselves via multiple grant deeds. Plaintiffs now seek to cancel such instruments and regain title to the subject property. On March 22...

Excerpt: ...udulent inducement by intentional misrepresentation, (2) breach of oral contract, (3) breach of the covenant of good faith and fair dealing, (4) false promise, (5) unjust enrichment, and (6) negligent misrepresentation. On October 17, 2017, this Court granted Defendant's motion to compel arbitration based on a provision requiring the arbitrability of Plaintiff's claims to be decided by an arbitrator. At that time, Defendant had a separate claim p...

Excerpt: ...r excusable mistake, neglect, inadvertence, or surprise. Defendant contends that he did not respond to the Complaint because he does not read English well and did not believe any action would be taken in this matter without written notice to him. Upon determining that a default had been entered against him, Defendant went to the court to obtain a copy of the Complaint. Defendant has failed to demonstrate excusable mistake, neglect, inadvertence, ...

Excerpt: ...4c00490049000300 00560057004c00460056[, Inc. <0047004400510057005600 00260044005600480003[and Robert Jones Tentative Ruling: The Motions to be Relieved as Counsel are granted. <0051000300570052000300 00480003002400470050>issions is granted. <0051005600030057005200 0050004c005700570048>d are denied. Relieved as Counsel Scott Vick seeks to be relieved as counsel for Defendants Jonathan Case, Jaworski and Jones, LLC, Max A. Williams, and Robert Jone...

Excerpt: ...d in part. <0051000300570052000300 0003004c005600030047>enied. <0051000300570052000300 0048005300520056004c>tion is granted. This is an action arising from Plaintiff's employment as a director of maintenance with Defendants. On June 28, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) discrimination based on disability, (2) failure to prevent discrimination, (3) failure to accommodate, (4) aiding and abetting discri...

Excerpt: ...ch Defendant failed to repair. Thus, 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. On October 16, 2017, the Court granted Plaintiff's motion to compel further responses as to requests for production nos. 17-18 and 20-25. On January 9, 2018, the Court partly granted Plaintiff's motio...

Excerpt: ...irst, second, and fourth causes of action. This is an employment action in which Plaintiff alleges he was discriminated and retaliated against by his employer when he was rejected for several promotional positions. 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 discriminatio...

Excerpt: ...Song-Beverly Act. Plaintiff accepted the offer on March 2, 2018. Since that time, the parties stipulated as to the restitution amount of $7,458.70 and Defendant eventually tendered this sum to Plaintiff. Defendant also agreed to pay off the lease for the subject vehicle and terminate said lease. Plaintiff surrendered the vehicle, but Defendant has failed to pay off the lease. Additionally, a voluntary repossession of the vehicle was recorded, aff...

Excerpt: ... to pay overtime wage in violation of Lab. Code § 510, (2) violation of Lab. Code § 226.7, (3) violation of Lab. Code § 201, (4) violation of Lab. Code § 2926, (5) violation of Bus. & Prof. Code § 17200, et seq., (6) intentional infliction of emotion distress, and (7) retaliation and wrongful termination in violation of public policy. Defendants move to transfer venue to Alameda County where both Defendants reside. Defendants principally ass...

Excerpt: ...arles' memorandum of costs was filed late such that no costs should be awarded. Behunin argues that a memorandum of costs ought to have been filed by August 5, 2017, given a remittitur date of June 26, 2017. (See Cal. Rules of Court, rule 8.278(c)(1).) However, Behunin is mistaken about the date of remittitur. The Court of Appeal's docket demonstrates a remittitur date of June 30, 2017, such that Charles' memorandum of costs was timely filed on A...

Excerpt: ...that action, Plaintiff John Habashy. On March 1, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) negligent misrepresentation, (2) equitable indemnification, and (3) unfair competition. Defendants demur to all causes of action for (1) failure to state sufficient facts, (2) lack of standing, and (3) the statute of limitations bar. As to the first cause of action, negligent misrepresentation requires “misrepresentat...

Excerpt: ...t although Plaintiff claims he was terminated due to his disability, Plaintiff simply abandoned his job after non-FMLA leave. Defendant argues that Plaintiff's discovery responses are highly inconsistent as to the occurrence of any injury, the responses indicate Plaintiff did not communicate his disability to Defendant, and the responses convey that Plaintiff could not continue working in his position after injury. Defendant seeks $55,085.09 in s...

Excerpt: ...rom Defendants' alleged breach of a separation agreement relating to residual business obligations stemming from Defendant Farrow's cessation of her relationship with Plaintiff. On January 26, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, and (2) promissory fraud. Demurrer Defendants demur to the Complaint for uncertainty and failure to state sufficient facts. Defendants demur to the first cau...

Excerpt: ...nd Kolodny Law Group Tentative Ruling: Plaintiff's Motion to Compel Arbitration is granted. <00b6005600030030005200 00260052005000530048>l Arbitration is granted in part; the request for leave to amend is denied. The parties agree that all claims and disputes in this action are encompassed by two valid arbitration agreements between the parties. Defendant argues that all claims should be arbitrated on the condition that the parties are ordered to...

Excerpt: ...ver. Defendant Jaguar Rover Encino now seeks to compel arbitration of all claims based on an arbitration provision within the sales contract for the subject vehicle signed by Defendant Jaguar Rover Encino and Plaintiff. (See Sood Decl. ¶¶ 2, 4; Defendant's Memorandum of Points and Authorities at pp. 1-2.) Because the arbitration provision appears valid (see Condee v. Longwood Management Corp. (2001) 88 Cal.App.4 th 215, 218-219 [“[Cal. Rules ...

Excerpt: ...ed. <0051005600030057005200 00560003005700520003>Swerdlow Florence Sanchez Swerdlow & Wimmer and Davis Wright Tremaine are granted in part. <0051000300570052000300 004a0055004400510057>ed in part. 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 a...

Excerpt: ...ks personal jurisdiction. (Code Civ. Proc., § 418.10(a)(1).) “Although the defendant is the moving party, the plaintiff must carry the initial burden of demonstrating facts by a preponderance of evidence justifying the exercise of jurisdiction in California.” (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 110.) Plaintiff argues that there exists specific jurisdiction over Defendant in that the acts complained of took ...

Excerpt: ...fficient for pleading purposes. (See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616 [“A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.”].) Any uncertainty or apparent lack of factual support can be resolved through discovery, particularly Form Interrogatories asking for all facts, witnesses, and do...

Excerpt: ...at the vehicle had in fact suffered three such accidents. On January 26, 2018, Plaintiff filed the operative Third Amended Complaint[1] (“TAC”) alleging causes of action for (1) intentional fraud, (2) fraudulent concealment, and (3) violations of Bus. & Prof. Code § 17200, et seq. Defendant demurs to the FAC's fraud claims, contending that such claims are not particularly pled. Further, Defendant argues that because the UCL claim is derivati...

Excerpt: ...shal. In September 2014, Plaintiff was appointed Fire Marshal and head of the Fire Prevention Bureau (“FPB”) whereupon Plaintiff discovered that some members of the FPB were not doing their job properly and were falsifying inspection and time records. In 2015, Plaintiff launched a task force and program called “Operation Catch-up” which was designed to overhaul the FPB's delinquent inspections. Plaintiff also began enforcing overtime rule...

Excerpt: ...-ER. Upon further review and upon further reflection, the Court will take up with counsel the matter of the possible filing of Notices of Related Case(s) in the above-referenced now concluded or still pending cases, all of which cases one way or another apparently have or might have a bearing on the real property that is disputed in this case. Under the circumstances here in which no less than four cases have apparently addressed or are now addre...