Excerpt: ...��) allegedly entered into with Plaintiff CIT Bank, N.A. (“CIT”) on or about December 22, 2015. (Compl. ¶ 12.) ACG allegedly promised to Pay Plaintiff a sum up to $800,000, together with interest on the outstanding principal balance due by December 15, 2017. (Ibid.) The Credit Agreement was allegedly amended on three occasions and the maturity date was allegedly extended to March 15, 2018. (Ibid.) According to Plaintiff, ACG also executed a ...

Excerpt: ... signer on his personal bank account to allow her to efficiently manage a property management business (the “Business”) in which both parties had invested. (Compl. ¶ 8.) Defendant allegedly promised to only use funds from the bank account for the Business and not for Defendant's personal expenses and to only use funds with prior notice and approval from Plaintiff. (Ibid.) According to Plaintiff, the parties ended the Business approximately a...

Excerpt: ...“McConnell”)'s alleged purchase of a new 2015 Nissan Sentra (the “Subject Vehicle”) on August 25, 2012, which was allegedly backed by a Vehicle Limited Warranty (the “Warranty”) from Defendant Nissan North America, Inc. (“Nissan”). (Compl. ¶¶ 8-9.) Plaintiffs allege that the Warranty covers any repairs needed to correct defects in materials or workmanship of covered parts and that the basic coverage is for 36 months or 36,000 mi...

Excerpt: ...ue, Los Angeles, California 90001 (the “Apartment Complex”). (First Amended Complaint (“FAC”) ¶ 1.) Plaintiff alleges that Defendants failed to properly compensate him for the time he worked as the resident manager and failed to carry workers' compensation insurance covering Plaintiff as an employee-resident manager, in violation of Labor Code, sections 3706 to 3709. (FAC ¶¶ 4-5, 8.) According to Plaintiff, he became injured on Septemb...

Excerpt: ...ion: GRANTED. The action is STAYED pending the completion of arbitration. A post-arbitration status conference is set for December 9, 2020 at 8:45 a.m.. The case is stayed through that date. 3. Plaintiff Crystal Walker's Petition and Motion to Set Aside for Order to Dismiss Petition to Compel Arbitration Stay Proceeding and Demurr [sic]Based Upon Plaintiff [sic] Response, Defendant's Defective Response to Compel Arbitration, Demurr [sic], and for...

Excerpt: ...“Genesis”) and Alexandria Care Center, LLC (“Alexandria”). Defendants allegedly hired Plaintiff to work as a Certified Nurse Assistant from September 1, 2005 to February 28, 2018.[1] According to Plaintiff, she generally worked 4 days per week for a minimum of 8 hours per day but was not permitted to or advised of her right to take statutory 10-minute rest breaks for every four hours worked. In the Complaint, Plaintiff alleges six causes ...

Excerpt: ...Mukhtiar S. Kamboj (“Mukhtiar Kamboj”) on December 4, 2009; February 8, 2011; and May 10, 2011. According to Plaintiff, Defendant Mukhtiar Kamboj provided Plaintiff with a Stock Purchase Agreement and stock certificate for 5,000 shares of stock in M for K, Inc. (“M for K”) as security for the loans, but only after transferring its ownership interest in a gas station located at 4700 East Slauson Ave., Maywood, California 90270 (the “4700...

Excerpt: ...case arises from allegations that Defendants Gonzalo Peres, John C. Carpenter, Debbie Callender, Michelle Diggs, William Remery, and Jacquelynn Remery (erroneously sued as Jacalyn Remery) breached a contract with or committed negligence against Plaintiff Vincent A. Callender. Plaintiff appears to allege that Defendants committed negligence or breach of contract by violating Corporations Code, section 16404 and by intentionally depriving Plaintiff...

Excerpt: ...NIED. Background This case arise in connection with Plaintiff Christopher Fenton (“Fenton”)'s alleged employment with Defendants DMG Entertainment, LLC; DMG Management Services, Inc.; DMG Entertainment Holding, LLC (collectively “DMG”); New Asia Success Partners Limited (“New Asia”); and Healthy Soar Investment Limited (“Healthy Soar”) (all together the “DMG entities”). Plaintiff alleges that these entities are alter egos of D...

Excerpt: ...�); Vision Textile Inc. (“Vision Textile”); and Splash Textiles, Inc. (“Splash Textiles”). Plaintiff alleges that it provided Defendant with goods from July 1, 2014 and continuing through March 2, 2016, in exchange for payment. According to Plaintiff, it supplied fabric goods to Defendants on approximately eighteen different occasions, but Defendants stopped making payments beginning on or around December 5, 2015. Plaintiff alleges that D...

Excerpt: ...ichael Ochuru aka Onwuka Ochuru (“Ochuru”), Mercedes Anaya (“Anaya”), and World Unity International Property Management, Inc. (“World Unity”). Plaintiff alleges that he was employed by Defendants as the resident manager of the apartment building complex located at 7501 S. Central Avenue, Los Angeles, California 90001 (the “Apartment Complex”). According to Plaintiff, Defendants only compensated him in the form of rent for his apar...

Excerpt: ...uld exchange $120,000 of United States Dollars to Chinese RMB, but have cashed Plaintiff's check without paying her the money promised. Defendant L & L Holding, Inc. (“L&L” dba L & L Flying Furniture Store) is allegedly the alter ego of Defendant Lu. In the Complaint, Plaintiff alleges four causes of action for: (1) fraud, (2) civil conspiracy, (3) money had and received, and (4) open book account. Defendants now move to stay or dismiss this ...

Excerpt: ...�D&O”) insurance policy that Defendant Hoffman Brown Company (“HB”) allegedly procured on behalf of Plaintiff Bell Canyon Association, Inc. (“BCA”) through Defendant RSUI Indemnity Company (“RSUI”), with dates of coverage from February 28, 2014 to February 28, 2015 (the “2014 Policy”). Plaintiff BCA alleges that it paid all premiums due and otherwise fully performed all conditions required of it under this policy. According to P...

Excerpt: ...2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525 (Berkley).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests t...

Excerpt: ...he motion is otherwise MOOT. Counsel for Defendant to give notice. 2. Defendant Circle Society, Corp.'s Demurrer to Complaint: OVERRULED Background This case arises in connection with a cryptocurrency investment agreement Plaintiff Gavin Dickson (“Dickson”) allegedly entered into with Defendants David Saffron (“Saffron”), Gene Houston (“Houston”), Circle Society, Corp. (“Circle Society”), and Omnicron Trust (“Omnicron”). Defen...

Excerpt: ...from allegations that Defendant KOST.Eat, Inc. (“KOST”) and Joon Seo (“Seo”) breached the terms of a written agreement with Plaintiff Byung Pil Lee (“Phil Lee”) and his store Laser Plus, Inc. (“Laser Plus”) for the purchase and installation of store electronic equipment systems. Defendants Leekaja Harbis, Inc. (“Leekaja”) and Jiwon Lee allegedly made promises to Plaintiff orally and through post-dated checks to guarantee and p...

Excerpt: ...ialty, if any, of the person or persons who will perform the examination.” (Id., § 2032.310, subd. (b).) The motion must be accompanied by a meet and confer declaration. (Ibid.) Any party may obtain discovery by mental examination of another party's mental condition if it is in controversy in the action. (Id., § 2032.020.) Here, Defendant contends that an mental examination is necessary because Plaintiff has placed her mental condition in con...

Excerpt: ...ll be accompanied by a meet and confer declaration.” (Code Civ. Proc., §§ 2030.300, subd. (b); 2031.310, subd. (b).) The declaration must state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented in the motion. (Code Civ. Proc., § 2016.040.) “[A] reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel…. Rather, the law requires ...

Excerpt: ...he Fair Employment and Housing Act (“FEHA”) and the Labor Code against Plaintiff Luz Garcia (“Garcia”) after she suffered a disability. In the First Amended Complaint ("FAC"), Plaintiff alleges eleven of action for: (1) violation of the California Family and Medical Leave Act; (2) disability discrimination under the FEHA; (3) failure to provide reasonable accommodations under the FEHA; (4) failure to engage in a good faith interac...

Excerpt: ...t state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented in the motion. (Code Civ. Proc., § 2016.040.) “[A] reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel…. Rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Clement v. Alegre (2009) 177 Cal.App.4th 127...

Excerpt: ... tenth causes of action and that Captech is entitled to a judgment of $735,468.89 on the third, fourth, and fifth causes of action. Plaintiff, however, has not dismissed Doe Defendants 1-20, and in addition needs to submit a JUD-100 form judgment, with new versions of the submitted exhibits that properly redact all unredacted financial account numbers. Background This action arises out of allegations that Defendant Asher Wagh (“Wagh”) imprope...

Excerpt: ....) A ‘limited civil case' includes, inter alia, a case at law ‘in which the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five thousand dollars ($ 25,000) or less.' ” (Code Civ. Proc., § 86, subd. (a)(1).) “A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.” (Id., § 88.) Code of Civil Procedure, section 403.040, subdivision (a) auth...

Excerpt: ...on behalf of Plaintiff on April 26, 2018. The court has no record of a substitution of attorney form having been filed. A substitution of attorney form, signed by counsel and by the plaintiff, is required. (Code of Civil Procedure §§ 284-285; McMillan v. Shadow Ridge at Oak Park Homeowner's Assoc. (2008) 165 Cal.App.4th 960, 966.) Counsel for plaintiff is to provide the court with a conformed copy of a substitution attorney form, with the requi...

Excerpt: ...trike in- part as to the request on Page 12, line 12, and the request for attorney's fees for the fourth cause of action; the motion is otherwise DENIED. Leave to amend will be discussed at the hearing. The court notes that Defendant demurred to the first and second causes of action, but the court records reflect that these causes of action have been dismissed as to this Defendant. Therefore, the demurrer to the first and second causes of action ...

Excerpt: ...has reviewed Plaintiff's claims, the court grants Plaintiff 20 days leave to amend, to allow her the opportunity to plead sufficient facts to state these causes of action. The court OVERRULES the general demurrer as to the seventh cause of action. The motion to strike is MOOT as to the identified paragraphs and prayers for damages related to the third, fourth, fifth, sixth, and eighth causes of action. The motion is otherwise GRANTED with 20 days...

Excerpt: ...e to pay overtime compensation; (2) failure to provide meal periods; (3) failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) violations of Business and Professions Code, section 17200 (the Unfair Competition Law, “UCL”); (6) conversion; and (7) joint liability under Labor Code, § 558.1. Defendants' demurrer to the Complaint came to hearing on March 5, 2018, at which time the court sustained the demurrer as t...

Excerpt: ...oyment with Defendant Therapeutic Living Centers for the Blind, Inc. (“TLC”). Plaintiff alleges that she was hired in September 2006 as a Staffing Coordinator. (Compl. ¶ 14.) According to Plaintiff, she suffered a very serious brain aneurysm in or around 2010, which resulted in her being off work for approximately eight months. (Compl. ¶ 15.) The Complaint alleges that Plaintiff's blood pressure become uncontrollable in or around the summer...

Excerpt: ... were deleted from and which allegations were added to the previous pleading and identify the changes “by page, paragraph, and line number.” (California Rules of Court, rule 3.1324(a).) Here, Plaintiff's motion identifies the eight changes that Plaintiff seeks to make in the proposed Second Amended Complaint (“SAC”). Plaintiff has substantially complied with the requirements of rule 3.1324(a). Additionally, “[a] separate declaration mus...

Excerpt: ...intiff Viva Concepts, LLC (“Viva”) alleges that it is the successor-in- interest to Cause Point. Plaintiff alleges that Cause Point purchased a Card Punch System Machine (the “Machine”) for $210,980.00, with freight charged calculated at $4,430.32. On March 2013, Plaintiff allegedly began having issues with the Machine. Defendant allegedly refused to provide a technician to determine why the Machine was malfunctioning, and Plaintiff alleg...

Excerpt: ...on with a number of criminal and civil matters. Dakarmenjian died on May 25, 2017. Plaintiff filed the subject litigation against Defendants the Estate of Dakarmenjian, Sara Dakarmenjian, and IPD, Inc. (dba Los Angeles Dismantler). In the First Amended Complaint (“FAC”), Plaintiff asserts two causes of action for breach of contract and common counts. Defendants filed the Cross-Complaint on March 19, 2018, alleging one cause against Plaintiff ...

Excerpt: ...tement Dated December 1, 2007 (the “Trust”) have committed tortious conduct and habitability violations in connection with the real property located at 6925 Baird Avenue, Los Angeles, CA 91335 (the “Subject Property”).) In the First Amended Complaint (“FAC”), Plaintiffs allege five causes of action for: (1) violation of Civil Code, § 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; <000f0003008600860...

Excerpt: ...ppear in the FAC at paragraph 61 and paragraph 5 of the Prayer. At the hearing, Plaintiff should be prepared to discuss whether there is a reasonable possibility that he can amend the complaint to state a valid basis for his request for attorney's fees, in light of the California Supreme Court's holdings. Background This case arises in connection with an alleged contract between Defendant Jason Michael Scott (“Scott”) and Plaintiff Terry Stum...

Excerpt: ...Distribution Agreement (“Agreement”) that Defendant Bellum Entertainment, LLC (“Bellum”) allegedly entered into with Plaintiff Armageddon Media Limited (“Armageddon”) on February 3, 2017. Armageddon allegedly accepted a commission to produce, complete, and deliver a television series of 104 episodes provisionally entitled “They Kill For It” (the “Program”). Bellum allegedly agreed to pay or procure the payment of the Purchase ...

Excerpt: ... (“Elahinejad”) are violating Proposition D (codified at Los Angeles Municipal Code (“LAMC”), section 45.19.6, et seq.); Los Angeles Municipal Code section 104.15, subsection (a); and Health and Safety Code, section 11360, in further violation of Business and Professions Code, sections 17200, et seq. (the Unfair Competition Law, “UCL”). Plaintiff the People of the State of California ex rel. Michael N. Feuer (“State”) contend that...

Excerpt: ...est Martin Luther King Blvd. Los Angeles, CA 90062. This service was sufficient. Declaration of Non-Military Status: Insufficient Plaintiff's declaration of nonmilitary status is insufficient because item 8 of the Form CIV-100 refers to item 1c of the form. No Defendant has been named in item 1c of the form. Principal: The Complaint alleges damages at least in the amount of $25,000. On a default judgment, the court may only grant the relief deman...

Excerpt: ... Fair Housing Act of 1968 and related federal and state laws, during the course of the operation of the real property located at 15320 Rayen Street, North Hills, CA 91343 (the “Subject Property”). Plaintiffs contend that Defendants have enforced a rule at the complex which requires children to be supervised at all times in the common areas at the complex, have enforced a curfew for children, and have implemented a rule prohibiting balls, bike...

Excerpt: ...Civil Procedure § 1005. A party requesting leave to amend must comply with California Rules of Court, rule 3.1324. A motion to amend a pleading before trial must state which allegations were deleted from and which allegations were added to the previous pleading and identify the changes “by page, paragraph, and line number.” (Cal. Rules of Court, rule 3.1324(a).) The motion includes a copy of the proposed TAC and states that Plaintiff seeks t...

Excerpt: ...pursuant to a settlement with the Hailu Defendants. The record appears to reflect a settlement date of, at the latest, December 8, 2017. This matter consists of three cases, with the first-filed having been declared the lead case. Counsel are to provide the court with the date of the settlement, including but not limited to settlement with the Ikonte defendants. Next, Plaintiffs contend that Defendants owe them $4,500 in unpaid monetary sanctions...

Excerpt: ...wo-story single family residence located at 175 South Burlingame Avenue, Los Angeles, California (the “Subject Property”). Plaintiff alleges defects relating to doors, plumbing, weatherproofing, and soil erosion. Plaintiff filed the Second Amended Complaint (“SAC”) on November 20, 2014 asserting six causes of action for: (1) strict liability; (2) breach of implied warranty; (3) breach of implied warranty of fitness; (4) negligence; (5) br...

Excerpt: ...re”) and Defendant “Zieve, Brodnax & Steele, LLP (formerly known as the Law offices of Les Zieve (“Zieve”) wrongfully foreclosed on real property commonly known as 1486 N. Fairvalley Ave., Covina, CA 91722 (the “Subject Property”). Rushmore was the servicer of Plaintiff's refinance loan, which was secured by a deed of trust recorded on June 16, 2006. (Dem. 3; Request for Judicial Notice (“RJN”), Ex. P.) Zieve was the nonjudicial f...

Excerpt: ...018; this deposition was to take place at Defendant's office. Plaintiff objected to the February 22, 2018 noticed deposition on February 5 and February 20, 2018, and has asserted that he cannot appear at the noticed place and time. Defendant responded by letter on February 21, 2018, stating that he would be willing to re-schedule the deposition and requesting three dates within the following two weeks. There is no evidence in the record to indica...

Excerpt: ...enied Plaintiff's prior request for entry of judgment on the grounds that the grant deed recorded on December 27, 2007 indicates that Regina Visner (“Visner”) granted the Subject Property to Rahim Zabihi on March 29, 2007, but that Rahim Zabihi had not been joined as a necessary party to this action. (RJN Ex. 2.) Plaintiff now submits a stipulation by and between JPMorgan Chase Bank, National Association (“JPM”) and Zabihi that the proper...

Excerpt: ...udgment on the Pleadings Defendant's Discovery Motions (items 1-3): DENIED Moving Defendant Club Acquisitions Company (“CAC”) contends that it propounded discovery on September 18, 2017, including form interrogatories, special interrogatories, and inspection demands, on Plaintiff Perla and form interrogatories on Plaintiff Serrano. According to Defendant, Perla sought and obtained three extensions to respond to the discovery, with the last da...

Excerpt: ...ion Company (“Newform”), under which it was allegedly agreed that Plaintiff would construct an office building on the real property located at 2710 Bowmont Drive in Beverly Hills, California (the “Property”) in exchange for payment. Defendant Pacific Premier Bank (“Pacific”) allegedly provided the Bowman Defendants with a construction loan to fund the construction. In the Complaint, filed on July 26, 2017, Plaintiff alleges seven caus...

Excerpt: ... or comparative indemnity based on comparative negligence or comparative fault, filed by Defendant and Cross-Complainant D.F. Daniels Corporation. Counsel for Emser Tile, LLC to give notice. Background This case arises from allegations of substantial defects and deficiencies related to the design, manufacture, supply, and/or installation of glass pool tile systems at properties owned by Plaintiffs Jeff and Arezou Appel (collectively the “Woodbu...

Excerpt: ...h title to the Property was taken in the name of Rahim Zabihi, Hamid Reisi, doing business as RK Enterprises, provided the funds for the purchase of the subject property from Visner pursuant to an agreement between Rahim Zabihi to transfer title to Hamid Reisi upon his request. (Declaration of Hamid Reisi (“Hamid Reisi Decl.” ¶ 15.) Plaintiff does not present a grant deed or other documentary evidence that would indicate that Rahim Zabihi tr...

Excerpt: ...ees are Payable to Former Counsel: DENIED without prejudice. The court expressly declines to rule on Former Counsel's entitlement or lack of entitlement to any portion of the Final Award, as this question is outside of the scope of these proceedings and the court's jurisdiction. Defendants' application to seal Plaintiff and Former Counsel's submitted documents is DENIED. Background This action arises from Plaintiff Rose Goodman (“Goodman”)'s ...

Excerpt: ...e surgery. In the Second Amended Complaint (“SAC”), Plaintiff alleges one causes of action for breach of contract. The court previously sustained the demurrer to the First Amended Complaint (“FAC”) on October 20, 2017 and granted leave to amend. Defendant Aronowitz now demurs to the SAC on the grounds that Plaintiff's first cause of action fails to state facts sufficient to state a cause of action. Plaintiff opposes the demurrer. Demurrer...

Excerpt: ...provides that “[a] member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules." The court notes that the post mediation status conference is February 21, 2018, the final status conf...

Excerpt: ...This case arises in connection with the enforceability of a Loan and Security Agreement (the “AJN Loan Agreement”) related to a motion picture entitled: “Kickboxer: Vengeance” (the “Picture”) between Defendant AJN and/or AJN Film Group LLC (“AJN”) as the lender and Acme Kick, LLC (“Acme Kick”), Acme Kick Productions, LLC (“Acme Kick Productions”), and Acme Kick Investments, LLC (“Acme Kick Investments”) (collectively �...

Excerpt: ...tomline Screenprinting & Distribution, Inc. (“Customline”); and Quikturn Professional Screenprinting, Inc. (“Quikturn”) wrongfully terminated Plaintiff Rita Hernandez (“Hernandez”) after she was injured while performing her job duties. According to the Complaint, Plaintiff reported the injury and resulting disability to her supervisor Irma Ortega (“Ortega”) on November 30, 2015, but was denied permission to go see a doctor by Orte...