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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... (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: ...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: ...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...