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: ...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: ...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: ... 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: ...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: ....) 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: ...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...