Excerpt: ... FAC alleges that Defendant Kassabian breached the confidentiality provision of a Settlement Agreement (“SA”) by improperly filing the SA in case no. BC567260 without sealing it. Further, Plaintiff alleges “he had no obligation under the aforesaid Settlement Agreement to cease prosecution under any established case number for the Los Angeles Superior Court as long as Plaintiff was not seeking compensation for any claims that had been previo...

Excerpt: ...Washington, DC. Hotung is seemingly a resident of Hong Kong. Defendants Falcon Woods, LLC and Charles M. Seeger principally oppose the Motion on the grounds that (1) Hotung—as a non-party—cannot be required to appear for a deposition via a notice of deposition and (2) a foreign resident cannot be ordered to appear in California for a deposition. If a foreign deponent “is a party to the action or an officer, director, managing agent, or empl...

Excerpt: ...sistant for Defendants. On May 31, 2019, Plaintiff filed the operative Complaint for (1) FEHA harassment, discrimination and retaliation, (2) FEHA perceived race discrimination, harassment, and retaliation, (3) FEHA perceived age discrimination, harassment, and retaliation, (4) retaliation and wrongful termination in violation of public policy, and (5) declaratory relief. Defendants Alden Enterprises, Inc. and ICC Convalescent Corp. seek to compe...

Excerpt: ...ntative Ruling: The Motions are denied. On August 13, 2019, the Court partly granted the anti-SLAPP Motions of both (1) Defendants Occidental College and Ruth M. Jones and (2) Defendants Shaunti Yanik and Public Interest Investigations, Inc. Defendants now move for reconsideration of the Court's ruling partly denying their anti-SLAPP motions. (1) Defendants Occidental College and Ruth M. Jones In ruling on the anti-SLAPP motion of Defendants Occi...

Excerpt: ...funds for the purchase of real property. Plaintiff also alleges that the Du fraudulently transferred the funds to Defendant Zhang. On January 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) constructive fraud, (5) conspiracy to defraud, (6) concealment, (7) negligent misrepresentation, (8) conversion, (9) promissory estop...

Excerpt: ...laintiff alleges that Defendants embezzled funds and breached an independent contractor agreement by failing to perform all duties thereunder and taking prohibited actions such as entering into unauthorized agreements with clients. On October 23, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) conversion, (2) interference with contractual relations, (3) interference with contractual relations, (4) violation of the ...

Excerpt: ...esillo IV, Jazabelle Torres, and Alejandra Lozano Tentative Ruling: <0003004c00510003005300 44005500570011> The Demurrer is overruled. The Motion to Strike is denied. This is an action arising from alleged substandard conditions at Plaintiffs' apartment. On June 4, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of warranty of habitability, (2) breach of covenant of quiet enjoyment...

Excerpt: ...rom 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 process, (6) failure to prevent retaliation, harassment, and discrimination, (7) retaliation for taking leave under the CFRA, (8) defamation, and (9) wrongful discharge in...

Excerpt: ...rnational, LLC <004f004800470003005700 0057004c005900480003[Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to accommodate, (3) FEHA failure to engage in the interactive process, (4) FEHA hostile work environment, (5) FEHA retaliation, (6) FEHA failure to prevent discrimination, retaliation, and harassment, (7) violation of the CFRA, (8) failure to pay compensation, (9) failure to provide meal periods, (10) failu...

Excerpt: ... 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) 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 ...

Excerpt: ...request for equitable relief is discussed below. 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 nuisanc...

Excerpt: ...llegal activity. On January 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) whistleblower retaliation, (2) retaliation in violation of Lab. Code § 98.6, and (3) wrongful termination. Defendants Matian Law Firm and Shawn Matian demur to all causes of action for uncertainty and failure to state sufficient facts. Defendants first argue that because of the manager's rule, the FAC does not...

Excerpt: ...STAINED with leave to amend. Defendant's demurrers to the fourth and fourteenth causes of action are SUSTAINED without leave to amend. Defendant's demurrers to the eighth, ninth, tenth, eleventh, and twelfth causes of action are OVERRULED. Background On October 31, 2018, Plaintiff Ride 2 Recovery dba Project Hero (“Plaintiff”) filed a complaint against Defendants John Wordin (“Defendant”) and Does 1-20 for (1) breach of contract; (2) brea...

Excerpt: ...[ductions, Inc. Responding Party: (1) Plaintiff Overrated Productions, Inc. <0047004400510057005600 0044004f0003002c0051[ternational Music, B.V., Universal Music Group, Inc., UMG Recordings, Inc., UMG Recordings Services, Inc., UMG Commercial Services, Inc., and Universal Music Group Holdings, Inc. Tentative Ruling: <0049004800510047004400 005500030057004b0044>n Defendant Universal International Music, B.V. is granted. <0047004400510057000300 004...

Excerpt: ...ut objection, within 10 days. The court requires separate and complete responses to this discovery; responses to a co-defendant's discovery request will not suffice. Defendants Simi Valley Hospital's and Adventist Health System/West's Motion for an Order Compelling Plaintiff Dee Ann Abelar's Responses to Request for Production of Documents, Set One, is GRANTED. Plaintiff Dee Ann Abelar is ordered to serve responses to Requests for Production of D...

Excerpt: .... Ex K [Decl. of Moussa A. Helo, Esq.]) upon which plaintiff relies to justify such excessive discovery is wholly conclusory regarding the reasons therefor and falls short of providing justification for why the complexity or quantity of issues in the instant case warrant the requests. The court has already ordered that 35 requests and Form Interrogatory No. 17.1 as to those requests be responded to by each defendant. The court hereby issues a pro...

Excerpt: ...f and Defendant Katrina Eagilen are the sole shareholders and officers of the corporation. Plaintiff alleges she discovered in September 2017 that Defendant had been wrongfully withdrawing funds from the corporation for her personal use. Plaintiff further alleges that, although Defendant paid back the funds from 2017, Plaintiff discovered further wrongful withdrawals in April 2018. Plaintiff therefore filed the instant suit on May 21, 2018, asser...

Excerpt: ... Tentative Ruling: The Anti-SLAPP Motions are granted in part. The Motion to Continue Trial is granted. On October 16, 2018, Cross-Complainants Sylvia Caldera and Armando Caldera filed a cross- complaint alleging that Cross-Defendants engaged in a scheme to have Cross-Complainants pay the expenses of certain real property while Cross-Defendants lived at the property. Cross- Complainants also allege that the filing of the Complaint in this action ...

Excerpt: ... granted in part. <0051000300570052000300 004800030027004c0056>missal is denied. This is an action in which Plaintiff alleges that Defendant Vadim Harutyunov and his attorney Defendant Jayne T. Kaplan pursued a meritless lawsuit (Harutyunov v. Litinsky, BC643852 (“Underlying Action”)) against her as punishment for providing testimony inRaskin v. Petrosyan, BC447668. On July 13, 2018, Plaintiff filed the operative Complaint alleging causes of ...

Excerpt: ...iffs allege that Defendants converted $550,000 after Plaintiffs deposited such sums as collateral for a line of credit meant to finance a musical. On December 10, 2018, Plaintiffs filed the operative Complaint for (1) negligent supervision, (2) fraud, (3) conversion, and (4) common count: money had and received. Defendants move to compel arbitration based on an arbitration provision within Plaintiff Stax Musical, LLC's (“Stax”) funding agreem...

Excerpt: ...iolation of HBOR, (2) violation of UCL, (3) breach of the implied covenant of good faith and fair dealing, (4) declaratory relief, (5) injunctive relief, (6) wrongful foreclosure, (7) vacate and set aside foreclosure sale, (8) cancellation of trustee's deed upon sale, and (9) quiet title. Plaintiff seeks to compel responses to her requests for production, set two; specifically, Plaintiff seeks further responses from Defendant Nationstar Mortgage,...

Excerpt: ...tive sledgehammer. On December 6, 2017, Plaintiff filed the operative Complaint alleging (1) strict liability, (2) negligence, and (3) breach of warranty. Motion for Summary Judgment Defendant seeks summary judgment on the basis that it has no connection whatsoever with the subject sledgehammer. The Motion for Summary Judgment is denied as moot because Defendant has been dismissed from this action. Motion for Sanctions <0044005100570003005700 004...

Excerpt: ...cally, the Court found that Plaintiff's claim for individualized damages per Lab. Code § 558 should be submitted to arbitration but that Plaintiff could dismiss such claim and pursue his representative PAGA penalties in this Court. The Court found that to the extent Plaintiff wishes to pursue his Lab. Code § 558 damages in arbitration then Plaintiff's claim for representative penalties should be stayed. (Code Civ. Proc. § 1281.4.) The Court, h...

Excerpt: ...rt. <0051000300570052000300 00560003004c00560003>denied. This is an action pertaining to an allegedly defective vehicle. On August 1, 2018, Plaintiff accepted Defendants' offer to compromise pursuant to Code Civ. Proc. § 998. Plaintiff obtained $115,000 as a settlement payment and the parties agreed that Plaintiff was the prevailing party entitled to bring a motion for attorneys' fees, costs, and expenses to the extent the parties could not agre...

Excerpt: ...n which Plaintiffs allege that Defendants breached an agreement to sell real property by extending leases on the property while escrow was open and then selling the property to a third-party. On September 17, 2018, Plaintiffs filed the operative First Amended Complaint alleging causes of action for (1) specific performance, (2) anticipatory breach and breach of contract, (3) anticipatory breach and breach of contract, (4) interference with contra...

Excerpt: ...ed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA discrimination, (3) FEHA failure to accommodate, (4) FEHA failure to engage in the interactive process, (5) wrongful termination in violation of public policy, and (6) FEHA retaliation. Defendant moves for summary judgment or, alternatively, summary adjudication of all causes of action and the issue of punitive damages. Defendant argues Plaintiff cannot est...

Excerpt: ...tion arising from Plaintiff's employment as a janitor for Defendant. 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 to engage in a good faith interactive process, (7) wron...

Excerpt: ...set one, special interrogatories, set one, and requests for production, set one. Defendant contends Plaintiff did not provide responses to the aforementioned discovery. Defendant also seeks to compel Plaintiff's deposition. Plaintiff concedes that his objections were untimely, and agrees to provide responses to written discovery. However, to the extent Plaintiff's objections were served late, Plaintiff is ordered to provide responses without obje...

Excerpt: ...This is an action in which Plaintiff alleges that there was negligent development of his condominium building. On October 12, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) negligence, and (3) breach of fiduciary duty, (4) financial elder abuse, and (5) FEHA discrimination. Motion to Quash Plaintiff seeks to quash the deposition subpoena served by Defendants on his physici...

Excerpt: ...r apartment. On November 16, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) 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 basis of national origin and ethnicity, (5) violation of Gov. Code § 11135— dis...

Excerpt: ...ate to the United States from China, that Defendants would pay rent for the subject property. After the property was purchased and Plaintiffs could not immigrate to the U.S., Defendants allegedly failed to tender rent. On November 29, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) partition, (2) breach of contract, and (3) fraud. Defendants demur to the second and third causes of action ...

Excerpt: ...n action arising from Plaintiff's employment as a program assistant. On June 22, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA discrimination on the basis of pregnancy, (2) FEHA harassment on the basis of pregnancy, (3) FEHA retaliation for complaining of discrimination and/or harassment on the basis of pregnancy, (4) FEHA discrimination on the basis of taking CFRA leave, (5) FEHA h...

Excerpt: ..., APC Tentative Ruling: The Demurrer is sustained without leave to amend. The Motion to Strike is denied as moot. This is an action arising from alleged harassment and retaliation during the course of Cross- Complainant Dr. Mehmet Pekerol's provision of medical services for Cross-Defendants Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc., KND 53, LLC, and KND Development 53, LLC dba Kindred Hospital South Bay. On December 27, 2018, C...

Excerpt: ... is an action in which Plaintiffs allege they were exposed to lead paint in their apartment 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, a...

Excerpt: ...efend Plaintiffs in a quiet title action in breach of a title insurance policy. The policy pertains to property located at 1232 E. Washington Blvd., Los Angeles, CA. On November 9, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of the implied covenant, and (3) declaratory relief. Demurrer Defendant demurs to all causes of action for failure to state sufficient facts. Specifically, D...

Excerpt: ... real property with Defendant Roselli; Roselli instructed Plaintiff to wire $350,000 as a deposit to an attorney trust account. However, the account to which the money was sent was not a trust account but instead belonged to Owlwood Estates, LLC which is owned by Roselli and managed by Defendant Marvin Kleinberg. Kleinberg had also apparently been Roselli's attorney since 2015. Subsequently, Plaintiff's money was dissipated and no transaction eve...

Excerpt: ... Complaint Moving Party: (1) Defendants G&S Off Price, Inc., Gideon Eliassi, Mark Barstein, and 10 Below, LLC (2) Plaintiff Ziv Pas Responding Party: (1) Plaintiff Ziv Pas <000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000b0015000c0003002700480049004800510047004400510057005600 03002a000900360003003200490049000300330055004c0046[e, Inc., Gideon Eliassi...

Excerpt: ...030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000b0015000c00030033004f0044004c00510057004c00490049000300 3c0058004f004c004400510044000300390044004f00470052[vinos Tentative Ruling: The Motion for Relief from Waiver of Objections is granted. <000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030...

Excerpt: ...is denied as to the first cause of action and granted as to the second cause of action. On January 26, 2017, Plaintiff Mark Woodson filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), the Herrick Corporation (“Herrick”), American Machinery and Blade, Inc., and Action Machinery West, for negligence and products liability. Plaintiff alleges that, while working on premises own...

Excerpt: ...der Pryniewicz's Louie Vuitton backpack. On April 18, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) liber per se, (2) slander per se, (3) common law misappropriation of likeness, (4) commercial misappropriation of likeness, and (5) false light. On October 12, 2018, the Court granted Defendant Pryniewicz's anti-SLAPP motion as to the third, fourth, and fifth causes of action. As a result of prevailing on his anti-...

Excerpt: ...0030049004c004f004800 0048005500440057004c[ve Complaint alleging causes of action for (1) violation of Song-Beverly Act—breach of express warranty, (2) violation of Song- Beverly Act—breach of implied warranty, and (3) violation of Song Beverly Act Section 1793.2. Plaintiff seeks leave to file a first amended complaint adding causes of action for intentional misrepresentation and concealment. The proposed first amended complaint also requests...

Excerpt: ...Rucker (2) Defendants Westwood Healthcare & Wellness Centre, LP, Brius LLC, Rockport Administrative Services, LLC, and Louis Florin Tentative Ruling: The Motion to Compel Arbitration is granted. <0051000300490052005500 00550048004900480055>ence is taken off calendar and may be rescheduled as set forth herein. On September 19, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) elder abuse, (2)...

Excerpt: ...ainst Plaintiff is granted in the amount of $3,358.15. This is an action arising from Plaintiff Rocio Ayala's (“Plaintiff”) employment as a customer service representative for Defendant LA's Low Cost Auto Insurance Services (“Defendant”). On October 12, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA harassment, (2) FEHA failure to prevent sexual harassment, (3) negligent supervision and retention, and...

Excerpt: ...[C709544) Motion: Demurrer; Motion to Strike Moving Party: Defendants Ivie, McNeill & Wyatt, and Rickey Ivie Responding Party: Plaintiff Eulanda Matthews Tentative Ruling: The Demurrer is OVERRULED. The motion to strike is DENIED. Background Case No. BC709544 was filed on June 12, 2018, by Ivie, McNeill & Wyatt, against their employee, Eulanda Matthews. Ivie, McNeill & Wyatt's sole cause of action is for declaratory relief. They seek a judicial f...

Excerpt: ... is GRANTED. <0003005000520057004c00 00580050005000440055>y judgment is DENIED. <0051004a004b0044005800 00520051000300490052>r summary judgment is DENIED. The motion for summary adjudication is GRANTED as to the second cause of action and is DENIED as to the first cause of action. On January 26, 2017, Plaintiff Mark Woodson filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), th...

Excerpt: ...a Re/Max Terrasol <0047004400510057005600 00030026004400550044[gio and Surf City Equities (erroneously sued as Leo Betancourt, Inc.) dba Re/Max Terrasol Opposing Party: (1) Plaintiff Daniel B. Swartz <0057004c00490049000300 001100030036005a0044[rtz (3) None Tentative Ruling: (1) Defendant Hagop Sargisian's Motion for Summary Judgment is DENIED. <0047004400510057005600 00550044004a004c0052> and Surf City Equities Motion for <0051004700030044005100...

Excerpt: ...t Investor Visa Program, but that the funds were instead converted by Defendants in order to purchase or make mortgage payments for various properties. On August 17, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) fraudulent concealment, (4) violation of “SEC 10b5”, (5) breach of the implied covenant of good faith and fair dealing, (6) breach ...

Excerpt: ...rom Defendant. Plaintiff seeks to compel further responses to her special interrogatories (“SI”), set one, contending Defendant provided meritless objections. Specifically, Plaintiff seeks a further response as to SIs 37-40. SIs 37-38 seek the number of repurchases or replacements of vehicles of the same make, model, and year as Plaintiff's vehicle under the Song-Beverly Act. The Motion is denied as to SIs 37-38 because they are overbroad. Th...

Excerpt: ... that the first of many assignments of the deed of trust for the property referred to the wrong deed of trust. Further, because Cross- Defendant Steven Tobin has challenged the assignment and, therefore, the trustee's sale, Cross- Complainant seeks to reform or rescind the assignment to reflect the true intentions of all parties thereto. On October 5, 2018, Anchor filed the Cross-Complaint alleging causes of action for (1) reformation, (2) rescis...

Excerpt: ...1) breach of written contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, and (7) unjust enrichment—constructive trust. On August 31, 2018, the Court entered Defendant's default. Defendant now moves to set aside its default on the grounds of attorney fault and excusable mistake, inadvertence, or neglect. Code Civ. Proc. § 473(b) provides in relevant part: “Notwithstanding any o...