Excerpt: ...efendant Cleanstreet, Inc., allowing Defendant to park vehicles in his building's parking garage. The agreement required that Defendant not cause any damage to Plaintiff's property and that Plaintiff be named as an additional insured under Defendant's insurance policies. However, a fire broke out in the parking garage, and Defendant failed to add Plaintiff as an additional insured. Plaintiff filed the operative Second Amended Complaint (“SAC”...

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

Excerpt: ... that he was sexually assaulted multiple times by Defendant Eric Bauman who was chair of Defendant The Los Angeles County Democratic Central Committee aka the Los Angeles County Democratic Party (“LACDP”). On April 24, 2019, Plaintiff filed the operative Complaint for (1) quid pro quo harassment, (2) hostile work environment harassment, (3) failure to prevent harassment, (4) assault, (5) sexual battery, (6) negligent supervision and retention...

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

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

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

Excerpt: ... employment. On February 5, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) intentional interference with prospective economic advantage, (3) negligent interference with prospective economic relations, (4) intentional interference with contractual relations, (5) breach of implied covenant of good faith and fair dealing, (6) intentional misrepresentation, (7) constructive fraud, (8) negligent misrepresentation, (9) co...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... and electrical system defects which Defendant failed to repair. On November 15, 2016, Plaintiff filed the operative Complaint alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a), 1791.1. Plaintiff has now accepted Defendants' offer to compromise pursuant to Code Civ. Proc. § 998. Plaintiff obtained $80,000 as a settlement payment and the parties agreed tha...

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

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

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

Excerpt: ... 00030057005200030057>he Altman subpoena is granted in part. <0051000300570052000300 00030057005200030057>he Canter-Burger subpoena is granted. This is an action arising from Plaintiff's employment as an ethics investigator for Defendants. On July 25, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) retaliation, (2) harassment, (3) discrimination, (4) failure to accommodate, (5) failure to engage in the interactive ...

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

Excerpt: ...d Tentative Ruling: The Demurrer is sustained as to the tenth and thirteenth causes of action but is otherwise overruled. The Motion for Sanctions is granted in part. This is an action arising from Plaintiff's employment as a senior case management assistant with Defendants Health Net of California, Inc. and Health Net Inc. On January 11, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) bre...

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

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

Excerpt: ... Anti‐SLAPP Motion is granted in part. The Demurrer is sustained in part. The Motion to Strike is denied. This is an action in which Plaintiff alleges fraud in connection with two real estate transactions for which Plaintiff was a lender. On December 28, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) intentional misrepresentation, (2) concealment, (3) false promise, (4) negligent misrepresentation, (5) breach of...

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

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

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

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

Excerpt: ...019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of the Song-Beverly Act—breach of express warranty, (2) violation of the Song-Beverly Act—breach of implied warranty, (3) violation of Song-Beverly Act § 1793.2, (4) concealment, and (5) intentional misrepresentation. Demurrer Defendant demurs to the fourth and fifth causes of action for fraud on the ground that (1) Plaintiff do...

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

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

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

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