Excerpt: ...intiffs” or “Petitioners”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served within ten days of the service of the moving papers under California Code of Civil Procedure (“CCP”) section 1290.6. BACKGROUND On July 22, 2019, Petitioners filed a complaint (the “Complaint”) alleging: (1) unpaid wages (Labor Code section 218); (2) unpaid minimum ...

Excerpt: ...LM”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the foreclosure sales of two real properties (collectively, the “Properties”). The operative second amended complaint (the “SAC”) alleges: (1) set aside trustee sale; (2) cancellation and rescission of instruments; (3) quiet title; (4) wrongfu...

Excerpt: ...millo (“Jaramillo”) The Court has considered the moving, opposition and reply papers. REQUEST FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's supplemental Request for Judicial Notice is DENIED. EVIDENTIARY OBJECTIONS Plaintiff's evidentiary objections are OVERRULED. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act (the “Bane Act”). On August 10, ...

Excerpt: ... (“CPS”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) failure to reimburse and indemnify for expenditures; (4) failure to provide meal and rest periods or compensation in lie...

Excerpt: ...olloway”) (collectively, “Plaintiffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges ten causes of action arising out of an employ...

Excerpt: ...position and reply papers. BACKGROUND This action arises from the lease of an allegedly defective vehicle (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. In relevant par...

Excerpt: ...ired to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges two causes of action for breach of contract. On August 25, 2022, Plaintiff filed a notice of settlement indicating that Plaintiff and Defendant had entered into a settlement agreement (the “Settlement Agreement”) to reso...

Excerpt: ...d Seung Jae Baek (“Baek”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising ...

Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) common law and statutory fraud and deceit; (2) promissory estoppel; and (3) negligent misrepresentation In relevant part, the FAC alleges: Moving Defendant's vice president of construction, Sam Sapp (“Sapp”) began recruiting Plaintiff for a project manager position on or ...

Excerpt: ...ng Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) defamation per se; (2) defamation per quod; and (3) violation of California Business & Professions Code section 17200. In relevant part, the Complaint alleges: Plaintiffs and Moving Defendants operate competing cannabis businesses. (See Complaint ¶ 24.) Moving Defenda...

Excerpt: ... has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of an employment relationship, was initiated on July 15, 2022. The currently operative second amended complaint (the “SAC”) alleges: (1) workplace disparate treatment; (2) hostile work harassment; (3) retaliation under the Fair Employment and Housing Act (“FEHA”); (4) failure to prevent FEHA discrimination; (5) whistle blower retaliation; (6)...

Excerpt: ..., D.O. (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”), alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. On July 24, 2023, Plaintiff filed a motion for leave to file a third amended complaint (the “...

Excerpt: ...pers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Defendant. The complaint (the “Complaint”) alleges four causes of action for violations of the Song-Beverly Act. On June 8, 2023, Plaintiff filed a motion to compel further responses to the Requests for Production (“RFPs”), Set 1 that were served on Defendant (the “Motion”). DISCUSSION Meet and Confer ...

Excerpt: ...ani, VIP Tours of California, Inc., and LAX Cafe & Convenience Store, Inc. (collectively, “Moving Defendants”) RESPONDING PARTIES: (1) Defendant LRW Investment Company (“LRW”); (2) lien claimant Michael Luparello (“Luparello”) The Court has considered the moving, opposition and reply papers.[1] REQUEST FOR JUDICIAL NOTICE Moving Defendants' Request for Judicial Notice is GRANTED. BACKGROUND On April 12, 2018, Plaintiff filed a complai...

Excerpt: ... to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges two causes of action for breach of contract. On August 25, 2022, Plaintiff filed a notice of settlement indicating that Plaintiff and Defendant had entered into a settlement agreement (the “Settlement Agreement”) to resolve ...

Excerpt: ...NG PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud and deceit – intentional misrepresentation; (3) fraud and deceit – negligent misrepresentation; (4) fraud and deceit – promise made without intention to perform; (5) cancellation of instrument; and (6) declaratory relief. In relevant part, ...

Excerpt: ...his action arises out of a dispute over the abatement of a public nuisance on real property owned by Plaintiff. The currently operative second amended complaint (the “SAC”) alleges: (1) declaratory relief; (2) breach of contract – Development Agreement; (3) breach of implied covenant of good faith and fair dealing – Development Agreement; (4) breach of contract – Settlement Agreement; (5) breach of implied covenant of good faith and fai...

Excerpt: ... (collectively, the B&K Defendants”); and (2) Defendants Soon Han Pak, Chung Hyuk Pak, and 3855 Wilshire Blvd Property, LLC (collectively, the “3855 Wilshire Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of oral agreement; (2) breach ...

Excerpt: ... has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the assessment of a municipal tax. Plaintiffs' complaint (the “Complaint”) alleges a claim for refund of illegally assessed taxes paid/damages. In relevant part, the Complaint alleges: In 2017, City voters approved “Measure C,” a tax proposal that imposes a business tax on businesses that operate oil refineries or facilities that s...

Excerpt: ...rties, Inc.; Pama Management, Inc.; Golden Management Services Inc.; Swaranjit S. Nijjar; and Daljit K. Kler (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in North Hollywood. On July 20, 2023, Plaintiff filed the currently operative fir...

Excerpt: ...PFI”) and Wander and Ponder, LLC (“WPL”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated by Plaintiffs on April 2, 2021 and arises out of a business relationship. The currently operative first amended complaint (the “FAC”) alleges: (1 ) breach of contract; (2) fraud by misrepresentation; (3) fraud in the inducement; (4) negligent misrepresentation; (...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent retaliation/harassment/discrimination; (5) violation of the Family Medical Leave Act; (6) failure to accommodate; and (7) failure to engage in good faith interactive process. In relevant p...

Excerpt: ... have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) fraudulent concealment; (2) fraud; (3) negligent misrepresentation; (4) breach of fiduciary duty; and (5) accounting. On March 1, 2023, Plaintiff filed a stipulation (the “Stipulation”) providing that Plaintiff and Defenda...

Excerpt: ... moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On February 16, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) sexual harassment; (2) failure to take reasonable steps to prevent harassment; (3) retaliation; (4) wrongful termination; (5) wrongful termination in violation of public policy; (6) failure to pay overtime wages; (7) failure to pay minimum wages; (8) failure to...

Excerpt: ...ng, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2021 Chevrolet Bolt EV (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) fraud (concealment and misrepresentation); (2) negligent misrepresentation; (3) business & Professions Code section 17200; (4) breach of express warranty under the Song-Beverly Act; (5) breach of impl...