Excerpt: ...ed 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) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination under FEHA; (3) Labor Code section 1102.5; and (4) Labor Code section 98.6. In relevant part, the FAC alleges: Plaintiff was employed in Moving D...

Excerpt: ...moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful conduct that occurred in the course of a business relationship. On October 6, 2023, Plaintiffs filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Requests for Admissions, Set On...

Excerpt: ...RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of oral/implied operating agreement; (2) breach of implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) judicial dissolution by manager; (5) judicial dissolution by member; (6) accou...

Excerpt: ...RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of a dispute concerning Plaintiffs' investment property (the “Property”), was initiated on September 7, 2021. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract...

Excerpt: ...oving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful conduct that occurred in the course of a business relationship. On October 6, 2023, Plaintiffs filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Requests for Admissions, Set One...

Excerpt: ...he 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 This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) unlawful detainer. On January 10, 2024, Moving Defendant filed a motion to...

Excerpt: ...ng Professionals (the “Union”), Billye Fairley (“Fairley”), Arturo Aguilar (“Aguilar”), and Karla Alas (“Alas”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of the Unruh Act; (2) negligence; and (3) violation of Business and Professions Code section 17200. In relevant part, the Complaint alleges: ...

Excerpt: ...Y: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; and (2) equitable estoppel/declaratory relief to quiet title. In relevant part, the SAC alleges: the Property is part of the estate of Carl Lawton (“Decedent”), who died intes...

Excerpt: ...olombeck (“Golombeck”), Ayal Frist (“Frist”), and JSR Capital, LLC (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), which was filed on May 3, 2023, alleges: (1) breach of contract (count 1); (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrep...

Excerpt: ... PARTY: Defendant/Cross-Complainant Caring Heart In Home-Care Services, Inc. (“Caring Heart”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home-care providers. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) negligence; (3) elder abuse – financial abuse; and (4) breach of covenant of good faith and fair dealing. The cur...

Excerpt: ...on and reply papers. BACKGROUND This action arises out of a dispute over the payment for medical services. Plaintiff's complaint (the “Complaint”) alleges: (1) negligent misrepresentation; (2) promissory estoppel; and (3) recovery of benefits under 29 U.S.C. section 1132, subdivision (a)(1)(B). [1] In relevant part, the Complaint alleges: on several dates in 2020 and 2021, Plaintiff provided medical services for a patient (“Patient”) empl...

Excerpt: ...s. 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 This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable trans...

Excerpt: ...ourt 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 On January 25, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violations of the Rosenthal Fair Debt Collection Practices Act. On August 3, 2023, ...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND 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, subdivision (b); and (4) violation of the Song- Beverly Act section 1796.5. On September 18, 2023, Plaintiff filed a notice of settlement. On November 29,...

Excerpt: ...P”) and Kevin Rodriguez (“Rodriguez”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On March 29, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) unlawful harassment under the Fair Employment and Housing Act (“FEHA”); (2) FEHA race discrimination; (3) FEHA disability/medical condition discrimination; (4) FEHA age discr...

Excerpt: ... Marvin Glenn Holloway (“Holloway”) (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 act...

Excerpt: ... and reply papers. BACKGROUND This action, which was initiated on June 13, 2023, arises out of alleged sexual abuse of a minor while Plaintiff attended a school in Moving Defendant's school district. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual assault; and (2) negligence. On October 26, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to allege sufficient facts ...

Excerpt: ... Antonio Vernola (“Moving Defendant”) 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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...

Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (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) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...

Excerpt: ...urion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (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 This action arises out of an employment relati...

Excerpt: ...y 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 On October 26, 2023, Plaintiff filed a complaint (the “Complaint”) alleging unlawful detainer. On December 27, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the ground that the Complaint fails to state suffi...

Excerpt: ... Republic”) RESPONDING PARTY: Defendant/Cross-Complainant Oaktree Investment Fund, LLC (“Oaktree”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an insurance dispute. Old Republic's complaint (the “Complaint”) alleges declaratory relief. Oaktree's currently operative first amended cross-complaint (the “FAXC”) alleges: (1) specific performance; (2) breach of contract; (3) breac...

Excerpt: ...CKGROUND 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. On August 31, 2023, Plaintiff filed a notice of settlement. On January 4, 2023, Plaintiff filed a motion for attorney's fees (the “Motion”) to recover $91,710 in fees expen...

Excerpt: ...pers. BACKGROUND On October 20, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) promissory estoppel; and (3) declaratory relief. In relevant part, the Complaint alleges: On or about July 24, 2018, Plaintiff and Moving Defendant entered into two written agreements in order to settle a lawsuit. (Complaint ¶ 7.) One of these written agreements (the “Contract”) included a provision stating that Movin...

Excerpt: ...rian”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “5AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting bre...