Excerpt: ... Cross-Defendant Michael Grimm (2) Cross-Complainants VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC, and VincentBenjamin Los Angeles Consulting, LLC Tentative Ruling: The Motion to Tax Costs is denied. The Motion 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 (�...

Excerpt: ...laint for (1) negligence (contractor), (2) negligence (broker), and (3) fraud. Plaintiffs allege they were sold a home with construction defects. On April 15, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) for (1) negligence (contractor), (2) negligence (broker), (3) fraud (broker), (4) negligence (Stratum, Robinson, Fletcher, and Basis), (5) negligence (Mirman), (6) fraud (Mirman), and (7) violations of Uniform Voidable Transaction...

Excerpt: ... Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it terminated Wordin due to sexual harassment of other employees, financial mismanagement, �...

Excerpt: ... the first and second causes of action. The Court grants twenty days leave to amend with respect to the claims asserted by Plaintiffs Navarre Media Enterprises, Inc. and X17, Inc. Leave to amend is denied as to the claims asserted by Plaintiff Francois Navarre. The Motion to Strike is denied as moot. On February 19, 2021, Plaintiffs Francois Navarre, Navarre Media Enterprises, Inc., and X17, Inc. filed the operative First Amended Complaint (“FA...

Excerpt: ...ction is denied without prejudice. The Demurrer is overruled. On January 14, 2021, Plaintiffs Ty Lao and Nancy Chea filed the operative, verified First Amended Complaint (“FAC”) against Defendants Jose Estrada and Jackie Estrada for (1) negligence, (2) trespass, (3) private nuisance, (4) violation of LA County zoning ordinance, (5) negligence per se, and (6) ejectment. The allegations of the FAC are as follows. Plaintiffs own property adjacen...

Excerpt: ...ng. 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 Yoyo made a full recovery, Defendant accused Plaintiff of selling sick cats. Defendant made such accusations on various s...

Excerpt: ...Alex Romain Responding Party: (1) (2) Unopposed (3) Non-party Morgan Development Group LLC Tentative Ruling: The Demurrer is overruled. The Motion to Strike is denied as moot. The Motion to Compel directed at Sonia Rodrigues is granted. The Motion to Compel directed at First Republic Bank is granted. On June 9, 2020, Plaintiffs Melissa A. Romain, Aidan Romain, Olivia Romain, and Alex Romain filed the Complaint for (1) negligence (contractor), (2)...

Excerpt: ...ts 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 purchased Plai...

Excerpt: ...”) for (1) FEHA discrimination, (2) FEHA hostile work environment harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, harassment, and retalaliation, (5) breach of oral contract not to terminate without good cause, (6) breach of implied‐in‐fact contract not to terminate wihtout good cause, (7) negligent hiring, supervision, and retention, (8) wrongful termination of employment in violation of public policy, (9) viol...

Excerpt: ...C”) 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) recovery of con...

Excerpt: ...lencia BMW seek to compel arbitration. This request is premised on a lease between Valencia BMW (the dealer) and Plaintiff containing an arbitration provision. Previously, the Court tentatively ruled as follows: The subject arbitration provision is broad and reaches claims against non‐signatories relating to the condition of the subject vehicle: Either you or I may choose to have any dispute between us decided by arbitration and not in a court ...

Excerpt: ...Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it terminated Wordin due to sexual harassment of other employees, financial mismanagement, “...

Excerpt: ...quez for Failure to Appear.” That same day, the Court entered a default judgment against Defendant in the amount of $402,916.80 plus $25,000 in attorneys' fees. Defendant Jess Enriquez now seeks to set aside his default and default judgment under the discretionary and mandatory provisions of Code Civ. Proc. § 473(b). Defendant provides as follows, 5. . . . the relationship with my counsel failed, and my attorney filed a motion to end his repre...

Excerpt: ... Sutak Insurance Brokers (collectively, “Argo Defendants”) Responding Party: Plaintiffs Megan Meadowcroft and Amber Brown Tentative Ruling: Allied's Motion to Strike is granted, without leave to amend. Plaintiffs' intentional misrepresentation claim is stricken and Argo Defendants' Demurrer is otherwise sustained, without leave to amend. Argo Defendants' Motion to Strike is denied as moot. On May 13, 2020, Plaintiffs Megan Meadowcroft and Amb...

Excerpt: ...dication is granted as to the issue of punitive damages. The Motion is otherwise denied. The Motion for Leave to Amend is granted. This is an employment action in which the Complaint alleges causes of action for (1) disability discrimination; (2) retaliation; (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) fa...

Excerpt: ...sment 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. 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...

Excerpt: ...n, with twenty days leave to amend. The third cause of action is stricken. The Motion to Strike is denied as moot. On January 26, 2021, Plaintiff Rotax, Inc. filed the operative Second Amended Complaint (“SAC”) for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) reformation. and (4) negligence. The allegations of the SAC are as follows. Plaintiff was an insured for a property insurance policy iss...

Excerpt: ...udice. This is an action in which it is alleged Defendants failed to provide sufficient care to Plaintiff Hill, whereby she became septic and died as a result. On December 23, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”) for (1) elder abuse/neglect against all defendants; (2) violation of Patients' Bill of Rights against Defendant Windsor Elmhaven Care Center, LLC; and (3) wrongful death against all defendants. Defenda...

Excerpt: ...lement is GRANTED. On March 22, 2019, Plaintiff Nakoma Gonzales, on behalf of himself and others similarly situated filed a complaint against Defendants Lance Camper Mfg. Corp.; Aerotek, Inc.; and Allegis Global Solutions, Inc. for (1) failure to pay minimum wages, (2) failure to pay wages and overtime under Labor Code section 510, (3) meal period liability under Labor Code section 226.7, (4) rest break liability under Labor Code section 226.7, (...

Excerpt: ...s moot as to punitive damages; (2) denied as to civil penalties; (3) granted as to prejudgment interest with twenty days leave to amend; and (4) denied as to costs and attorney fees. This is an action arising from alleged defects, most specifically involving the engine, in a 2009 Kia Optima. On December 1, 2020, Plaintiffs filed the operative Complaint for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 179...

Excerpt: ...'s (“Plaintiff”) employment with her former employer Defendant, Mystores, Inc. (“Defendant”). On December 5, 2019 Plaintiff filed several causes of action which included pregnancy discrimination, disability discrimination, failure to provider reasonable accommodation, retaliation, and wrongful termination, among others, against Defendant. On January 19, 2021, Plaintiff filed the instant Motion to Quash Defendant's subpoena to Plaintiff's ...

Excerpt: ...LAPP motion of Defendants Jeffrey Preston Bezos and Gavin de Becker, striking the entirety of the Complaint. Defendants now seek their attorneys' fees and costs as prevailing parties on their anti‐SLAPP motion. Specifically, Defendants seek $1,676,919.50 in attorneys' fees, which represents 2077.7 hours billed at hourly rates varying from $549 [1] to $1,125. Defendants also request $36,019.26 in costs. Plaintiff argues that the fee request is s...

Excerpt: ... 2020, Plaintiff Yang‐Chern Tseng, M.D. filed the operative Second Amended Complaint (“SAC”) for (1) declaratory relief, (2) breach of fiduciary duty, (3) rescission and restitution, (4) specific performance, (5) breach of contract, and (6) breach of implied covenant of good faith and fair dealing. I. Demurrer Defendants Inphenix, Inc., David Eu, and James Eu demur to the first, second, third, and sixth causes of action for failure to state...

Excerpt: ...ion, without leave to amend. The Demurrer is overruled as to the first cause of action. On September 14, 2020, Plaintiff Justin Winans as trustee of both The Gerald T. O'Connell Living Trust Dated August 1, 2014 (“Gerald Trust”) and The O'Connell Revocable Trust U/T/A 9/29/05 (“Juanita Trust”) filed a Complaint againstDefendants HKG LLP, David Hinton, CPA, and Roxy Chan, CPA. On November 10, 2020, Plaintiff filed the operative First Amend...

Excerpt: ...) 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 seeks to compel further responses from Plaintiff Torres as to certain deposition questions. Defendant ...