Excerpt: .... Tsang, Esther L. Szeto, and Esther's Nest Children's School RESPONDING PARTY: Plaintiff Melissa D. Sanchez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination from her time as an employee at Defendant Esther's Nest Children's School. Plaintiff filed a complaint alleging causes of action for: (1) failure to pay overtime compensation in violation of Calif...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendant arising from an allegedly defective Nissan Altima (the “Vehicle”), alleging causes of action 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 the Song-Beverly Act Section 1793.2; and (4) fraudulent inducement—concealment. <00030049005200...

Excerpt: .... Tsang, Esther L. Szeto, and Esther's Nest Children's School RESPONDING PARTY: Plaintiff Melissa D. Sanchez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination from her time as an employee at Defendant Esther's Nest Children's School. Plaintiff filed a complaint alleging causes of action for: (1) failure to pay overtime compensation in violation of Calif...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendant arising from an allegedly defective Nissan Altima (the “Vehicle”), alleging causes of action 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 the Song-Beverly Act Section 1793.2; and (4) fraudulent inducement—concealment. <00030049005200...

Excerpt: ...and Seth Blackham RESPONDING PARTIES: Paul Taylor (“Taylor”) and Sarah Lozano (“Lozano”) The Court has considered the moving, opposition, reply papers, and supplemental briefs provided by the parties. BACKGROUND <004c004f00480047000300 00440057004c00590048[ first amended class action and collective action complaint for damages and representative action for civil penalties under the Private Attorney General Act of 2004 (the “complaint”...

Excerpt: ...has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second-Amended Complaint (“SAC”) against Defendant alleging causes of action for: (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (4) breach of express written warranty...

Excerpt: ...Sabella aka Angela Chen The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative first-amended complaint (“FAC”) against Defendant alleging causes of action for: (1) breach of contract; (2) book account; and (3) money lent. Plaintiff's complaint arose from Defendant's alleged failure to pay money owed pursuant to a promissory note (the “Note”). Defendant asserted in her Second Amended Ans...

Excerpt: ...te of California, and California Department of Food & Agriculture (“CDFA”) RESPONDING PARTY: Plaintiff Save Our Birds The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges a single cause of action for injunctive relief against the allegedly inhumane euthanization of healthy poultry in connection with a quarantine of poultry in Los Angeles, Riverside, and San Bernardino counties. The compla...

Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from the alleged termination of Plaintiff due to her alleged disability of stress incontinence. Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) disability discrimination in violation of FEHA; (2) failure to engage in the interactive process in violation of FEHA; (3) failure to provide reasonable accommo...

Excerpt: ...one Oakwood Toluca Hills, LLC (“Archstone”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First-Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach of express/implied warranty of habitability; (3) fraud, ...

Excerpt: ...Pouya Abdi RESPONDING PARTIES: Plaintiffs Associated Shower Door Company, Inc. (“Associated”) and Susan Seifert, an individual as successor in interest for Lucian Seifert, an individual The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third-Amended Complaint (“TAC”) against Defendants on February 15, 2019, alleging a cause of action for breach of contract. This is an action arisi...

Excerpt: ... MOVING PARTIES: Plaintiffs Sandra Mezger (“Ms. Mezger”) and Jeffrey T. Mezger (“Mr. Mezger”) OPPOSING PARTIES: Nest Labs, Inc. (“Nest”) and Defendants Kathleen Griffin (“Griffin”) and Randy Ralph Bick, Jr. (“Bick”) The Court has considered the moving, opposition papers submitted by Griffin and Nest, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from the alleged unsubstantiated noise complaints lodged again...

Excerpt: ...: Plaintiff Katie O'Connell Marsh The Court has considered the moving, opposition, and reply papers. Defendant filed a redacted reply brief and redacted exhibits in support of its reply brief with the Court. No courtesy copy of an unredacted reply brief was provided to the Court. BACKGROUND Plaintiff filed the operative amended complaint against Defendants alleging causes of action for: (1) declaratory relief; (2) breach of contract; and (3) brea...

Excerpt: ...) RESPONDING PARTIES: Cross-Complainants Aspen Insurance UK Limited and Aspen Specialty Insurance Company The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants arising from the alleged tendering of defense pursuant to insurance policies in connection with the Los Angeles County Superior Court case number BC504178 of Wilshire Vermont Housing Partners, L.P. v. Taisei Constructio...

Excerpt: ...nant Jeremy Daniels-Stock (“Defendant/Cross-Complainant”) RESPONDING PARTIES: Plaintiffs and Cross-Defendants Christopher Mitchell (“Mitchell”), Koi Pond (“KP”), and Monty Dog (“MD”) (“Plaintiffs/Cross-Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiffs filed the operative First-Amended Complaint (“FAC”) against Defendants arising from alleged wrongful a...

Excerpt: ...cable Trust dated May 22, 1984 (“Moving Defendant”) RESPONDING PARTY: Plaintiff Pamela A. Mozer a.k.a. Pamela Mozer Schneiderman The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from alleged wrongful actions in connection with a mediation in a case (the “Underlying Action”) where Plaintiff was seeking to recover allegedly wrongfully transferred community assets after her hus...

Excerpt: ...Brea Rehabilitation Center; Citrus Administrative Services, Inc.; and SR Investments, LLC RESPONDING PARTIES: Plaintiffs Entwine Clay, by and through his successor-in-interest, Helen Crump; and Helen Crump The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken in connection with the care and treatment of Plaintiff Entwine Clay that led to his death. Plaintiffs...

Excerpt: ... Brea Rehabilitation Center, LLC dba La Brea Rehabilitation Center; Citrus Administrative Services, Inc.; and SR Investments, LLC RESPONDING PARTIES: Plaintiffs Entwine Clay, by and through his successor-in-interest, Helen Crump; and Helen Crump The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken in connection with the care and treatment of Plaintiff Entwin...

Excerpt: ...., Pacific Alliance Medical Center, and Shi- Yin Wong, M.D. The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND This is an action in which Plaintiffs allege various improprieties in the management of Defendant PAMC, Ltd., including the improper deduction of funds from limited partner capital accounts. Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1)...

Excerpt: ...NDING PARTY: Plaintiff Pamela A. Mozer a.k.a. Pamela Mozer Schneiderman The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from alleged wrongful actions in connection with a mediation in a case (the “Underlying Action”) where Plaintiff was seeking to recover wrongfully transferred community assets after her husband died unexpectedly. Plaintiff filed a petition in the Underlying Ac...

Excerpt: ...s Angeles (“Veolia”), Inc.; Thermal North America, Inc. (“TNAI”); Brookfield Asset Management, LLC; Brookfield District Energy Finance, LLC; Brookfield Business Partners, LP; Brookfield Infrastructure Partners, LP; Brookfield District Energy West USA, LLC; and Enwave West Coast Holdings, LLC RESPONDING PARTY: Plaintiff CC-Plant Fee, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complai...

Excerpt: ... The Court has considered the moving, opposition, and reply papers. BACKGROUND <0003004400510003004400 004f004c005300100044[nd-fall on Defendant's property. Plaintiff filed a complaint alleging causes of action for: (1) premises liability; and (2) negligence. Plaintiff alleges that she suffered wage loss, hospital and medical expenses, general damage, and loss of earning capacity. Defendant filed a motion to compel: (1) Plaintiff to answer the qu...

Excerpt: .... Dept. 56 <004c0051004a0003002f00 4c[ RESPONDING PARTY: Defendant Shao Fa Chiu The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint against Defendants United Faith Enterprises, Inc. (“UFE”); George Tsai (“Tsai”); and Shoa Fa Chiu alleging causes of action for: (1) anticipatory breach of contract; (2) unfair competition; and (3) fraud and deceit. Plaintiffs filed the operative First- A...

Excerpt: ...pers. BACKGROUND In this action, Plaintiff alleges that she is part owner of a home located at 8407 Beach Street, Los Angeles, CA 90001 (the “Property”) in conjunction with Defendant. The operative First-Amended Complaint (“FAC”) alleging causes of action for: (1) breach of oral agreement; (2) breach of implied covenant of good faith and fair dealing; (3) to impose constructive trust; (4) intentional fraudulent representation; (5) promiss...

Excerpt: ... the moving and opposition papers. No reply papers were filed. BACKGROUND This is an action arising from alleged uninhabitable conditions that a tenant was subjected in connection with her tenancy at 1222 Stearns Avenue, Los Angeles, CA 90035 (the “Property”). Plaintiff filed a complaint alleging causes of action for: (1) breach of the implied warranty of habitability; (2) negligence; (3) nuisance; and (4) breach of covenant of quiet enjoymen...

Excerpt: ... The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint against Defendants arising from an alleged substandard living conditions in an apartment building in which Plaintiffs resided. Plaintiffs' complaint alleges causes of action for: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5...

Excerpt: ...ourt has considered the moving, opposition, and reply papers. BACKGROUND This action arises from allegedly wrongful actions taken against tenants in an apartment building located at 240 N. Robinson Street in Los Angeles. Plaintiffs filed the operative Second- Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) negligence; (2) negligent hiring and supervision; (3) intentional infliction of emotional distress; (4) br...

Excerpt: ...c. (“CUA”) and Deontay Potter (“Potter”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First-Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) fraud; (2) conspiracy to commit fraud; (3) discrimination in violation of Article I, Sections 7 and 8 of the California Constitution; and (4) unfair business practices in violation of California Busines...

Excerpt: ...G PARTIES: Cross-Defendants Legendary Builders Corporation (“Legendary”), Surjit Soni (“Soni”), and Juan Paredes (“Paredes”) RESPONDING PARTY: Cross-Complainant Grovewood Properties LLC (referred to interchangeably as “Grovewood” or “Cross-Complainant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contra...

Excerpt: ...agar Properties, LLC (“Cragar”) RESPONDING PARTY: Receiver Douglas P. Wilson (“Wilson”) BACKGROUND Plaintiff filed a complaint against Defendants arising out of Defendants' failure to repay various loans Plaintiff provided to Defendants JL Furnishings, LLC (“JL”), Jeffrey Michael Lazar, and Jeffrey Lazar and Lisa Jacks-Lazar. Plaintiff filed a complaint alleging causes of action for: (1) breach of contract; (2) breach of guaranty; (3)...

Excerpt: ...g, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from alleged wrongful actions by his attorney in a prior criminal action. Plaintiff filed a complaint alleging causes of action for: (1) breach of fiduciary duty; (2) legal malpractice; (3) unjust enrichment; (4) violation of California Business and Professions Code, Section 6148; (5) violation of California Business and Professions Code, Section 17200; (6) constructi...

Excerpt: ... 12, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of implied contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and deceit, and (4) declaratory relief. Defendant Wells Fargo Bank, N.A. seeks summary judgment, or alternatively, summary adjudication of all causes of action as well as Plaintiff's request for punitive damages in connection with her claim for breach of the i...

Excerpt: ... Roman Padilla The Court has considered the moving papers and opposition papers. No reply papers were filed. BACKGROUND Plaintiff filed the First-Amended Complaint (“FAC”) against Defendant alleging causes of action for: (1) financial elder abuse; (2) negligence; (3) controversy real property; (4) unfair business practices under California Business and Professions Code, Section 17200; (5) invasion of privacy; (6) landlord harassment and retal...

Excerpt: ...Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) legal malpractice; and (2) breach of fiduciary duty. In part, the FAC alleges that Defendants failed to represent Plaintiff in conformance with the applicable standard of care in the unlawful detainer action of Chateau Lakeside Partners, LLC v. Godfrey You...

Excerpt: ...Services, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions in connection with brokering insurance coverage. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) negligence; (2) negligence—negligent failure to obtain requested insurance coverage; (3) negligence—failure to explain coverage limitations; (4) negligent misrepre...

Excerpt: ...sidered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an order for the alleged euthanization of healthy poultry in Los Angeles, Riverside, and San Bernardino counties. Plaintiff filed a complaint for injunctive relief against Defendants to stop the allegedly inhumane euthanization practices that are being effectuated. The complaint asserts that the state veterinarian has imposed a poultry quarantine to com...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiff's allegedly converted funds. Plaintiff filed a the operative Third Amended Complaint (“TAC”) against Defendants alleging causes of action for: (1) common counts (money had and received); (2) breach of fiduciary duty; (3) conversion; (4) fraud; (5) constructive trust; (6) negligence; (7) unjust enrichment and restitution; and (8) civil conspiracy. The Court gr...

Excerpt: ...ht (“Albright”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions in connection with a trust. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting a breach of fiduciary duty; (3) fraud; (4) aiding and abetting (fraud); (5) conversion in violation of California Penal Code, Section...

Excerpt: ...LLC (“Moving Defendant”) RESPONDING PARTY: Plaintiff Gloria Green The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising out of her alleged wrongful termination by Defendant in connection with her taking an approved leave of absence from her job. Plaintiff alleges that she sought and received advanced permission from her supervisor for her request to take time off between June 27, 201...

Excerpt: ...rance Company The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiffs filed a complaint alleging causes of action for: (1) breach of the duty of good faith and fair dealing and (2) breach of contract. Plaintiffs' complaint arises from the alleged failure of Defendant to properly adjust and pay an insurance claim with respect to property damage that occurred at Plaintiffs' property located at 66...

Excerpt: ...ing, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions that occurred during his employment with Defendant. Plaintiff filed a complaint alleging causes of action for: (1) race discrimination in violation of California Government Code, Section 12940 et seq.; (2) hostile work environment based on race/national origin in violation of California Government Code, Section 12940 et seq.; (3) failure to pr...

Excerpt: ...sing papers. No reply papers were filed. BACKGROUND Plaintiff filed a the operative First-Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of contract; (2) fraud; (3) negligent misrepresentation; and (4) intentional interference with contractual relations. The FAC arises from Plaintiff managing the professional career of Moving Defendant. On April 25, 2018, Moving Defendant filed a substitution of attorne...

Excerpt: ...ts Commercial Property Management, Inc. (“CPM”) and David Soufer (“Soufer”) (“Moving Defendants”) RESPONDING PARTY: Plaintiff 346 Vermont Associates, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) arising out of the alleged mismanagement and self-dealing by Edward Cohen from 1992 to 2011 while a member of Plaintiff, whose sole asset i...

Excerpt: ...ESPONDING PARTIES: Defendants Enwave Los Angeles, Inc. f/k/a Veolia Energy Los Angeles, Inc.; Thermal North America, Inc.; Brookfield Asset Management, LLC; Brookfield District Energy Finance, LLC; Brookfield Business Partners, LP; Brookfield Infrastructure Partners, LP; Brookfield District Energy West USA, LLC; and Enwave West Coast Holdings, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a comp...

Excerpt: .... 56 Jury Trial: August 12, 2019 Cross-Defendants. MOVING PARTIES: Cross-Defendants BeachCiti Construction, Inc. and Mory Berengian (“Berengian”) RESPONDING PARTY: Cross-Complainant Rich Estate Properties, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from the alleged nonpayment for a renovation of a home. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) ...

Excerpt: ...a.m. Dept. 56 Jury Trial: August 26, 2019 Cross- Defendants MOVING PARTIES: Cross-Complainants Michael B. Schwab (“Schwab”), Big Sky Venture Capital III, LLC (“BSVC”), and Big Sky Real Estate (“BSRE”) RESPONDING PARTIES: Sealutions, LLC (“Sealutions”) and The Grain Collective, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the First-Amended Complaint (“FAC”) against Defendant...

Excerpt: ...ntiff Stuart Lee Zubrick RESPONDING PARTY: Jolly, LLC (“Jolly”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND <004c004900490003005600 00540058004c00480057[ title as to property located at 2617 Larmar Road, Los Angeles, CA 90068 and 7360 Hollywood Boulevard, Los Angeles, CA 90046 (the “Properties”). Plaintiff filed a Third Amended Complaint (“TAC”) against Defendants alleging causes o...

Excerpt: ...Chakrian <00470003003c0048005500 00030036005700520053[, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) judicial foreclosure of real property; (2) specific performance of assignment of rents, issues, and profits and appointment of a receiver; (3) breach of note; (4) breach of written guarantees; (5) breach of written security agree...

Excerpt: ... L. Hughson RESPONDING PARTY: Defendant FCA US LLC (“Opposing Defendant”) The Court has considered the Opposing, opposition, and reply papers. BACKGROUND This is an action arising from an alleged defective 2013 Chrysler Town and Country (the “Subject Vehicle”) that Plaintiffs purchased. Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) breach of express warranty—violation of Song-Beverly Act; (2) breach ...

Excerpt: ...ly papers. BACKGROUND Plaintiff filed a complaint against Defendant alleging causes of action for: (1) breach of contract and (2) preliminary and permanent injunction. Defendant filed an answer with affirmative defenses to Plaintiff's complaint. Plaintiff then filed a demurrer to the second through eleventh affirmative defenses in Defendant's answer. Defendant did not file an opposition to Plaintiff's demurrer and the Court sustained Plaintiff's ...

Excerpt: ...d”) and Zubin Mowlavi (“Mowlavi”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Nanal, Inc. dba Leatherup.com <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions taken in connection with an e- commerce website. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) breach of contract; (3) frau...

Excerpt: ...efendant John G. Cataldo (“Moving Defendant”) RESPONDING PARTY: Plaintiff Hai Nguyen The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) specific performance; and (3) quiet title. Plaintiff's complaint is based on Defendants' actions in denying Plaintiff's alleged right of first refusal to purchase a commercial b...

Excerpt: ...d”) and Zubin Mowlavi (“Mowlavi”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Nanal, Inc. dba Leatherup.com <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions taken in connection with an e- commerce website. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) breach of contract; (3) frau...

Excerpt: ...idered the moving, opposition, and reply papers. BACKGROUND This is an action arising from alleged purchase of a defective used 2015 Kia Optima (the “Subject Vehicle”). Plaintiff filed a complaint against Defendants alleging causes of action for: (1) violation of the Consumers Legal Remedies Act; and (2) breach of implied warranty of merchantability. Moving Defendant filed a motion to strike various allegations from the complaint. Moving Defe...

Excerpt: ... 28, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Plaintiffs Alberto Vargas (“Vargas”) and Pablo Orduno (“Orduno”) RESPONDING PARTY: Defendant City of Long Beach The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND This is an action in which Plaintiffs allege they were terminated as Long Beach Police Department (“LBPD”) officers on May 23, 2017 because they filed lawsuits and engaged in pr...

Excerpt: ... (“Nonsettling Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from alleged wrongful actions taken in connection with a business agreement to acquire a pizza restaurant. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of agreement; (2) breach of covenant of good faith and fair dealing; (3) general negligence; (4) breach of fiduciary duty; (5...

Excerpt: ...a Shaun Tan; and, Peng Tan RESPONDING PARTY: Plaintiff Rooke Corp. <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) open book account; (4) goods sold and delivered at agreed price; (5) fraud and deceit; (6) negligent misre...

Excerpt: ...OVING PARTY: Defendant 4149 Whiteside Street, LLC RESPONDING PARTY: Plaintiff Rene Morales The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendant alleging causes of action for: (1) declaratory relief; and (2) injunctive relief. Thereafter, the Court entered default judgment against Defendant on March 11, 2019. Defendant then filed a motion for relief from default and default jud...

Excerpt: ...outhern California d.b.a. Providence Tarzana Medical Center (“Moving Defendant”) RESPONDING PARTY: Plaintiff Luis Aguiar The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions that occurred when he was admitted to the hospital. Plaintiff filed a complaint alleging causes of action for: (1) dependent adult abuse; (2) sexual assault and battery; (3) negligence; (4...

Excerpt: ...) RESPONDING PARTY: Plaintiff International Trading Associates, Inc. <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions taken with respect to a contract in connection with a grocery store. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) uniform voidable transfer act; (3) claim for voidable transfer, constructive ...

Excerpt: ...ISS: Defendant Downtown L.A. Motors, LP (referred to as “DTLA” in some instances for clarity purposes) RESPONDING PARTY ON MOTION FOR LEAVE AND MOVING PARTY ON MOTION TO DISMISS: Plaintiff Janet Marquez (referred to as “Marquez” in some instances for clarity purposes) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from alleged wrongful actions during Plaintiff's employment with Defendant. ...

Excerpt: ...”), and Michael Powers (“Powers”) (collectively, “Individual Defendants”); Defendants Cynthia Stopani (“Stopani”), Angelica Chavez (“Chavez”), and Eudora LLC (“Eudora”) (collectively, “Stopani Defendants”); and Defendants Trinity Risk Management LLC (“Trinity”), Knight Management Group, Inc. (“KMG”), and Labornow Inc. (“Labornow”) (collectively, “Corporate Defendants”) RESPONDING PARTIES: Plaintiffs Simpl...

Excerpt: ...The petitioners are all represented by the same attorney. PETITION ON BEHALF OF ABIGAIL ALEXIA RODRIGUEZ Petitioner and guardian ad litem Mayra Martinez petitioned to approve compromise of the pending action on behalf of Claimant Abigail Alexia Rodriguez. The petition is unopposed. Under the terms of the compromise, this Claimant will receive a gross sum of $37,003.07 of which $10,657.54 will be used to pay attorneys' fees and litigation costs le...

Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from alleged wrongful actions Plaintiff suffered pursuant to his employment with Defendants. On February 19, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) sexual harassment in violation of California Government Code, Section 12900 et seq.; (2) retaliation in violation of Calif...

Excerpt: ... PARTY: Plaintiff Crazy Tokyo Sushi Group, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a complaint arising from Defendant's alleged embezzlement during his employment with Plaintiff. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) civil damages under California Penal Code, Section 496(c); (2) breach of fiduciary duty; (3) conversion; and (4) fraud. Thereafter, the Cou...

Excerpt: ...ition, and reply papers. BACKGROUND This is an action arising from an alleged breach of contract in connection with designing a building. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of written contract; and (2) general negligence. Thereafter, Moving Defendant filed a demurrer to the first and second causes of action in Plaintiff's complaint. MEET AND CONFER The meet and confer requirement has been met....

Excerpt: ...oving, opposition, and reply papers. BACKGROUND This is an action arising from an allegedly defective 2011 Buick Regal (the “Subject Vehicle”) that Plaintiff purchased in August of 2013. Specifically, Plaintiff alleges that the Subject Vehicle had an Oil Consumption Engine Defect. On July 31, 2018, Plaintiff filed her initial complaint. On November 8, 2018, Plaintiff filed a First Amended Complaint. On February 5, 2019, Plaintiff filed the op...

Excerpt: ...hony S. Carruthers The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from an alleged defective 2013 Dodge Durango that Plaintiff leased from Defendant. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) breach of express warranty—violation of Song-Beverly Act; (2) breach of implied warranty— violation of Song-Beverly Act; and (3) fraudulent inducement—concea...

Excerpt: ...laintiffs Alberto Vargas (“Vargas”) and Pablo Orduno (“Orduno”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiffs allege they were terminated as Long Beach Police Department (“LBPD”) officers on May 23, 2017 because they filed lawsuits and engaged in protected activities as witnesses for one another against Defendant. On September 13, 2017, Plaintiffs filed a complaint ...

Excerpt: ..., etc., et al., Cross-Defendants. MOVING PARTIES: Cross-Defendants Mohammad Issa Halisi, an individual dba One Dollar Warehouse and Super One Dollar Stores, Inc. RESPONDING PARTY: Cross-Complainant Luxurious Properties, Limited Liability Company The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff's complaint against Defendants arises from an alleged lease termination agreement. Plaintiff's c...

Excerpt: ...ed the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants under the Private Attorneys General Act (“PAGA”) on behalf of himself and all aggrieved employees for penalties for alleged inaccurate wage statements. Plaintiff's complaint arises from his employment with Defendants. Plaintiff alleges a cause of action for: (1) violation of California Labor Code, Section 2698 et seq. and seeks penalties for...

Excerpt: ...intiff Alex Tabataibai The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint against Moving Defendants arises from alleged wrongful actions taken in connection with a jewelry business, LAK. Plaintiff alleges cause of action for: (1) breach of fiduciary duty; (2) breach of the implied covenant of good faith and fair dealing; (3) aiding and abetting a breach of fiduciary duty; (4) conversion; (5) fraudu...

Excerpt: ... aka Angela Chen The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative first-amended complaint (“FAC”) against Defendant alleging causes of action for: (1) breach of contract; (2) book account; and (3) money lent. Plaintiff's complaint arose from Defendant's alleged failure to pay money owed pursuant to a promissory note (the “Note”). In June 2014, Plaintiff filed a motion for summary ...

Excerpt: ...spondent WWKG, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Petitioner served its petition to vacate the arbitration award on October 10, 2018. (Reynolds Decl. at Exhibits A and B.) Respondent filed a notice of removal on November 8, 2018 and this action was removed to federal court. (Bricken Decl. at Exhibit 1.) Respondent filed its opposition to the petition to vacate the arbitration award in federal court o...

Excerpt: ...d reply papers. BACKGROUND Plaintiff filed a complaint against Defendants Los Angeles County and the Los Angeles County Sheriff's Department alleging causes of action for: (1) sex discrimination in violation of California Government Code, Section 12940(a); and (2) pregnancy leave discrimination in violation of California Government Code, Section 12945. Plaintiff alleges that she was discharged from her employment because she became pregnant and t...

Excerpt: ...) RESPONDING PARTY: Plaintiff Rude Cosmetics, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Moving Defendant, Defendant Hong Kong M&K Limited (“M&K”); and Defendant Kairos Pacific, Inc. (“Kairos”). Plaintiff's complaint contains allegations of: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) violating unfair competition law;...

Excerpt: ...f CBS Studios Inc. (erroneously sued and served as CBS Television Service, Inc.) and Peteski Productions, Inc. (“Moving Defendants”) RESPONDING PARTY: Plaintiff Kaden Mahaffa The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from Plaintiff's appearance on the Dr. Phil television show (the “Show”). Plaintiff alleges that she was solicited by Defendants' producer to appear on the Show, r...

Excerpt: ...TY: Plaintiff Giryung Chang The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendant arising from alleged wrongful actions in connection with Plaintiff's employment with Defendant at Family Farm Market (the “Market”). In part, Plaintiff alleges that Defendant employed Plaintiff as a cashier and did not allow her to take breaks or compensate her at the applicable rate for hours...

Excerpt: ...nt”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed separate complaints against Seltzar Doren Management Company, Inc. dba Sierra Management, Moving Defendant, and Seltzer-Doren Company & Affiliates. Both complaints alleged causes of action against Defendants for: (1) violation of FEHA: employment; (2) violation of FEHA: housing; and (3) wrongful termination. The complaints alleged that Plaintiff ...

Excerpt: ...LLC The Court has considered the moving, opposition, and reply papers. Plaintiff filed a complaint against Defendants arising from alleged subpar legal representation in an unlawful detainer action involving Plaintiff. The basis of Plaintiff's complaint is that a 3-day notice that it believed was legally valid and served validly upon the tenant whom it sought to evict via the unlawful detainer action was not in fact legally valid. Plaintiff's com...

Excerpt: ...Alliance Properties, Inc. dba Coldwell Banker VIP (“New Alliance”) (erroneously sued as Alfonso Guerrero dba Coldwell Banker VIP) RESPONDING PARTY: Cross-Complainant Richard J. Rosiak (“Rosiak”) The Court has considered the moving, opposition, and reply papers. Initially, Cross-Complainant filed a reply to Cross-Defendants' reply with respect to the demurrer at issue here. The Court has discretion to not consider improperly filed surreply...

Excerpt: ...& Barnes, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from the alleged wrongful actions taken by Defendant during Plaintiff's employment and the alleged wrongful termination of Plaintiff by Defendant. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) wrongful adverse employment actions in violation of public policy; (2) violations of California Labor Code, Se...

Excerpt: ... papers were filed. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) breach of contract and (2) preliminary and permanent injunction. Defendant filed an answer with affirmative defenses to Plaintiff's complaint. Plaintiff then filed a demurrer to the second through eleventh affirmative defenses in Defendant's answer. Defendant did not file an opposition to Plaintiff's demurrer and the Court sustained Plaintiff's de...

Excerpt: ...a, LLC (“BMW”) and Center Automotive, Inc. d/b/a Center BMW (“Center”) RESPONDING PARTY: Plaintiff Colleen Shelburne The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged defective 2016 BMW 328i (the “Subject Vehicle”) that Plaintiff leased from Center. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of implied warranty of merchantabili...

Excerpt: ...nt KPRS Construction Services, Inc. (“Moving Defendant”) RESPONDING PARTY: Plaintiff Bulldog Sheet Metal & Roofing, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from the alleged non-payment for subcontracting work in connection with construction work on a Hilton hotel in Montebello, CA. Plaintiff filed a complaint against Moving Defendant, Defendant City of Montebello (“Montebello”)...

Excerpt: ... (“Moving Defendant”) RESPONDING PARTY: Plaintiff De Wana Ballou <0051004a00030044005100 0051004a000300530044[pers. No reply papers were filed. BACKGROUND This is an action in which Plaintiff alleges that Moving Defendant wrongfully suspended her valid eBay account. Moving Defendant filed a motion for an order declaring Plaintiff a vexatious litigant, for an order requiring Plaintiff to post security in the amount of $4,252.50 as a condition ...

Excerpt: ... and Pouya Abdi RESPONDING PARTIES: Plaintiffs Associated Shower Door Company, Inc. and Lucian Seifert The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff s filed the operative Third-Amended Complaint (“TAC”) against Defendants on February 15, 2019, alleging a cause of action for breach of contract. This is an action arising from Defendants' alleged breach of a commercial lease by making alterations to the ...

Excerpt: ...ESPONDING PARTY: Plaintiff Jesus Hernandez The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from the alleged wrongful termination of Plaintiff by Defendants. Plaintiff filed a complaint against Moving Defendant and Defendant Nina's Mexican Food Products (“Nina”) alleging causes of action for: (1) wrongful discharge in violation of public policy; (2) retaliation; (3) disparate treatment disabilit...

Excerpt: ...h Blackham RESPONDING PARTY: Paul Taylor The Court has considered the moving, opposition, and reply papers. BACKGROUND <004c004f00480047000300 00440057004c00590048[ first amended class action and collective action complaint for damages and representative action for civil penalties under the Private Attorney General Act of 2004 (the “complaint”). Plaintiffs' complaint arises from the alleged wrongful misclassification of Plaintiffs and other i...

Excerpt: ... against Defendant for declaratory relief. Plaintiff's complaint arises from allegedly disparaging comments Defendant made about Plaintiff in violation of a confidentiality agreement entered into between the parties. REQUESTS FOR ADMISSIONS Plaintiff served Defendant with requests for admission, special interrogatories, and form interrogatories, set three on Defendant on November 27, 2018. (Kernan Decl. at ¶ 4.) Defendant's responses were due on...

Excerpt: ...artinez RESPONDING PARTIES: Plaintiffs Mario Zaldivar and Jon Marketing, LLC The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff Mario Zaldivar filed a complaint against Defendants for: (1) damages; (2) temporary restraining order; (3) preliminary and permanent injunctions; and (4) trespass. Plaintiff's complaint arose from the alleged non-payment of rent by Defendants who were tenants of Pl...

Excerpt: ... The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from an alleged defective 2013 Dodge Durango (the “Subject Vehicle”) that Plaintiff leased from Defendant. On November 6, 2016, Plaintiff filed a complaint against Defendant alleging causes of action for: (1) breach of express warranty—violation of Song- Beverly Act; (2) breach of implied warranty—violation of Song-Beverly Act; and (3)...

Excerpt: ... Nguyen RESPONDING PARTY: Defendant K&C Plus Coco, LLC <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND On September 29, 2016, Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) specific performance; and (3) quiet title. Plaintiff's complaint is based on Defendants' alleged wrongful actions in denying Plaintiff's right to first refusal to purchase a property. Plaintiff fi...

Excerpt: ...i-Yin Wong The Court has considered the moving, opposition, and reply papers. BACKGROUND <004c004900490056000300 00440055004c00520058[s improprieties in the management of Defendant PAMC, Ltd., including the improper deduction of funds from limited partner capital accounts. Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) breach of fiduciary duty; (2) breach of limited partnership agreement; (3)...

Excerpt: ...0030044005100470003[reply papers. BACKGROUND Plaintiff filed a complaint against Defendant alleging causes of action for: (1) breach of contract; (2) breach of fiduciary duty; (3) breach of the implied covenant of good faith and fair dealing; (4) fraud; (5) specific performance; and (6) accounting. Plaintiff's complaint arises from an alleged business transaction between Plaintiff and Defendant that would have allowed Plaintiff to operate a baker...

Excerpt: ...einier Razon RESPONDING PARTY: Defendant Southern California Permanente Medical Group <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND This is an action arising from Plaintiff's employment as a laboratory manager for Defendant. Plaintiff filed the operative Complaint alleging causes of action for: (1) FEHA disability discrimination; (2) FEHA failure to accommodate; and (3) FEHA failure to engage in the interactive process. On...

Excerpt: ...y papers. BACKGROUND On June 20, 2018, Plaintiff filed a complaint against Defendant. On October 4, 2018, Plaintiff filed the operative First-Amended Complaint (“FAC”) against Defendant alleging causes of action for: (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (...

Excerpt: ...endant Kindred Healthcare Operating, Inc. RESPONDING PARTY: Plaintiff Chukwu Ikechukwu The Court has considered the moving papers. No opposition papers were filed. BACKGROUND This is an action in which Plaintiff alleges that he was wrongfully terminated. On December 19, 2018, Plaintiff filed a complaint against Defendant. On February 22, 2019, Defendant filed a motion for an order declaring Plaintiff a vexatious litigant, for an order requiring P...

Excerpt: ...s The Court has considered the moving papers. No opposition papers were filed. On April 18, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant YM Entertainment, Inc. (“Defendant YM”) and Defendant Young Lee (“Defendant Lee”) (collectively, “Defendants”) alleging a single cause of action for breach of contract. Procedural History In November 2017, Plaintiff propounded discovery on Defendant Lee in...

Excerpt: ...THOSE RECORDS DURING DEPOSITIONS Date: April 5, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Plaintiffs Alberto Vargas and Pablo Orduno RESPONDING PARTY: Defendant City of Long Beach The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff Alberto Vargas (“Plaintiff Vargas”) and Plaintiff Pablo Orduno (collectively, “Plaintiffs”) allege they were terminated as Long Beach Police De...