Excerpt: ...d reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the "PAC") alleges: (1) discrimmation, harassment, and retaliation in violation of the Fair Employment and Housing Act ("FEHA"); (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA (4) failure to prevent discrimination and harassment; and (5) retaliatio...

Excerpt: ...n to compel the deposition of Beth Gunn ("Gunn") filed by Defendant ("the MTC") (collectively, the "Motions"). MOVING PARTIES: (1) Plaintiff; (2) Defendant RESPONDING PARTIES: (1) Defendant; (2) Plaintiff 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) discrimination; (2) harassment; (3) reta...

Excerpt: .... BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant. Plaintiffs complaint (the "Complaint) alleges: (1) violation of Civil Code section 1793 2, subdivision (d); (2) violation of Civil Code section 1793 2, subdivision (b); (3) violation of Civil Code section 1793 2: subdivision (a)(3); and (4) breach of the implied warranty of merchantability On March 1, 2023, Plaintiff fi...

Excerpt: ...opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed 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 "PAC") alleges: (1) intentional infliction of emotional distress; (2) negligence (negligent hiring and/or retention/failure to warn, train, or educate); (3...

Excerpt: ...ourt has considered the moving, opposition and reply papers. BACKGROUND Plamtiff filed motions to compel Defendants' further responses to its Requests for Production ("RFPs"), Set 2 (respectively, the "Hooman Motion" and the "NBA Motion," and collectively, the "Motions"). DISCUSSION Under California Code ofCivil Procedure ("CCP") section 2017.010, unless otherwise limited by order of the court in accordance with this title, any party may obtain d...

Excerpt: ...Giugni") (collectively, "Moving Defendants') RESPONDING PARTY: Plaintiff The Coun has considered the moving, opposition and reply pape:rs_ BACKGROUND This action arises out of an employment relationship. Plaintiff s complaint (the ' 'Complaint") alleges _ (1) disability discrimination in violation of the Fair Employment and Housing Act ("FEHA"); (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactme process; (4) ...

Excerpt: ...llectively, the "BCLGI Defendants") The Court has considered the moving, opposition and reply papers. BACKGROUND This matter arises out of an ongoing probate dispute On March 22, 2022, Plaintiff filed a complaint (the "Complaint") alleging legal malpractice The currently operative first amended complaint (the "FACE), filed on Ncnember 23, 2022, alleges: (1) legal malpractice; and (2) malicious prosecution. The FAC identifies Lowe and the BCLGI De...

Excerpt: ...") filed by Petitioner County of Los Angeles ("Petitioner" or the "County'); and (2) a petition to confirm arbitration award (the "CPD filed by Respondent Service Employees Intemational Union ('Respondent," ' 'SEIU:" or the "Union"). MOVING PARTIES: (1) The County, (2) SEIU RESPONDING PARTIES: (1) SEIU; (2) The County The Court has considered the moving and opposition papers. No reply papers were filed.[l] BACKGROUND Petitioner filed the to vacat...

Excerpt: ...oun has considered the moving, opposition and reply papers. BACKGROUND This action arises out ofa dispute concerning real property (the "Property") Plaintiffs complaint (the "Complaint") alleges: (1) fraud; (2) undue influence, (3) financial abuse; (4) quiet title; (5) cancellation of instruments; (6) return of real property to elder dependent adult; and (7) intentional infliction of emotional distress. Defendant' s currently operative second ame...

Excerpt: ...d at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. The currently operative third amended complaint (the "TAC") alleges _ (1) breach of undivided loyalty; (2) intentional interference with contractual relations; (3) intentional interference uith prospective economic relations; (4) negligent interference with pros...

Excerpt: ...red to have been filed and served at least 14 days before the hearing under Califomia Code of Civil Procedure ("CCP") section 437c: subdivision (b)(2) BACKGROUND This action arises out of the misappropriation of Plaintiffs money. The complaint (the ' 'Complaint") alleges: (1) conversion; (2) fraudulent deceit; (3) promissory estoppel; (4) breach of contract, and (5) civil conspiracy _ On November 28, 2022, Plaintiff filed a motion for summary jud...

Excerpt: ... The currently orrratlve first amended complaint (the "FAC) alleges: (1) retaliation in violation ofLabor Code section 1102 subdivisions (b) and (c); (2) wrongåul termination in violation of public policy, (3) violation of California Business and Professions Code section 172CH3; (4) failure to provide personnel records in violation of Labor section 1198.5; (5) failure to provide wage statements in violation of Labor Code section 226, subdivision...

Excerpt: ...UND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant. Plaintiffs complaint (the "Complaint) alleges: (1) violation of Civil Code section 1793 2, subd_ (d); (2) violation of Civil &xle section 1793.2, subd_ (b); (3) violation of Civil &xle section 1793.2, subd_ (a)(3); and (4) breach of the implied warranty of merchantability. On February 7 2023 Plaintiff filed a motion to compel ft...

Excerpt: ...papers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative first amended complaint (the "PAC") alleges: (1) violation of Civil Code sections 51 and 52; (2) violation of Civil Code section 789.3; (3) negligence; (4) violation of Fair Employment and Housing Act ("FEHA"); (5) breach of quiet enjoyment; (6) breach of implied warranty of habitability; (7) intentional infliction of emotional distress; (8) breac...

Excerpt: ... opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On January 24, 2022, Plaintiff filed a complaint (the "Complaint') alleging: (1) age discrimmation in violation of the Fair Employment and Housing Act ("FEHA"); (2) gender discrimination in violation of FEHA (3) disability or perceived disability discrimination in violation of FEHA; (4) failure to prevent harassment and discrimination; (5) wrongful term...

Excerpt: ...nd served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. On September 2, 2022, Plaintiff filed a Notice of Settlement. The Notice of Settlement indicated that the settlement Ivas conditional and that a request for dismissal uould be filed by November 15, 2022. On December 13, 2022, after a non-appearance case ...

Excerpt: ..."MSA") filed by Plaintiffs/Cross-Defendants Aidan Sciandra ("Sciandra") and Boualiene Syprasert ("Syprasert"); and (2) a motion to compel further responses to Special Interrogatories ("SPROGs") and Requests for Production of Documents ("RFPs") (the "MTCP') filed by Sciandra, Sypraseft, and Plaintiffs/Cross- Defendants Jack Edjounan and The Plug (collectively, "Plaintiffs"). MOVING PARTIES: Plaintiffs RESPONDING PARTY: Defendants/Cross-Complainant...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the "PAC") alleges: (1) age harassment in violation of the Fair Employment and Housing Act ("FEHA"); (2) age discrimination in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent harassment discrimination, or retaliation in violation of FEHA; and (5) inten...

Excerpt: ...mber 9, 2020, Plaintiffs filed a complaint (the "Complaint') alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debtors insolvency; (4) common law fraudulent transfer; (5) aiding and abetting fraudulent transfer; (6) declaratory relief; and (7) unjust enrichment. On November 21, 2022, Moving Defendant filed a motion to dismiss (the "Motion") requesting that the Court dismiss the Complaint as to all n...

Excerpt: ...nd reply papers. BACKGROUND This action arises out ofa construction project on real property (the "Property'). The currently operative first amended complaint (the "PAC") alleges: (1) breach of contract; (2) professional negligence; (3) breach of fiduciary duty; (4) breach of contract; and (5) breach of fiduciary duty. In relevant part the PAC alleges: Plaintiff owns the Property. (FAC 1.) On or about April 24, 2018, Plamtiff and Moving Defendant...

Excerpt: ...iled. 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 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 ...

Excerpt: ...Sanchez”) and Maria Genoveva Sanchez (“Ms. Sanchez”) (collectively, “Plaintiffs”) 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) negligence; (3) breach of implied covenant of quiet use and enjoyment; (4) nuisance; (5) intentional infliction of emo...

Excerpt: ...BACKGROUND This action arises out of a landlord/tenant relationship. On February 14, 2023, Plaintiffs filed a motion to augment expert witness disclosure (the “Motion”). The Motion seeks to add Richard Devine, Ph.D. (“Devine”) as an expert economist in lieu of Plaintiffs' currently designated expert William Ingersoll, Ph.D. (“Ingersoll”). EVIDENTIARY OBJECTIONS Defendants' objections to the reply brief (the “Reply”) are SUSTAINED....

Excerpt: ...�Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written agreement; (2) promissory fraud; (3) promissory estoppel; (4) violation of Labor Code section 2751; (5) violation of Labor Code section 1102.5; (6) wrongful termination; (7) interference with c...

Excerpt: ...es to Plaintiff's Requests for Production, Set Five (the “MTC”) (collectively, the “Motions to Compel”) filed by Plaintiff; and (3) a motion for protective order (the “MPO”) filed by Defendants Michael Theodore and Casa Theodore, Inc. (collectively, “Defendants”). MOVING PARTIES: (1)-(2) Plaintiff; (3) Defendants RESPONDING PARTIES: (1) Defendants; (3) Plaintiff The Court has considered the moving, opposition and reply papers. The...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 14 causes of action arising out of an employment relationship. On December 12, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground that during his employment with Moving Defendant, Plaintiff signed an arbitration agreement (the “Arbitration Agreement”) that requires that the claims assert...

Excerpt: ...aintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) fraud; (3) violation of the covenant of good faith and fair dealing; and (4) promissory estoppel. On January 26, 2023, Plaintiff filed: (1) a motion for an order deeming its Requests for Admissions, Set One admitted against Defendant (the “RFA Motion”); (2) a motion to compel Defendant's responses to Plaintiff's Form Interrogatories, Set One (the “FROG Motion”)...

Excerpt: ... The Grain Collective, LLC (“TGC”) (collectively, the “LLC Defendants”) and Plaintiff Cross- Defendant Nicholas Behunin (“Behunin”) (collectively, “Moving Cross-Defendants”) RESPONDING PARTY: Cross-Complainants Michael Schwab, Big Sky Venture Capital III, LLC, and Big Sky Real Estate, LLC (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Moving Plaintiffs/Cross-De...

Excerpt: ...sition and reply papers. BACKGROUND This matter arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: retaliation in violation of Labor Code section 1102.5, subdivisions (b) and (c); (2) wrongful termination in violation of public policy; (3) violation of California Business and Professions Code section 17200; (4) failure to provide personnel records in violation of Labor Code section 1...

Excerpt: ...ntiff 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) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. On January 30, 2023, Moving Defendant filed a m...

Excerpt: ...ollectively, Moving Defendants”) RESPONDING PARTY: Plaintiff 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: sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) sexual assault, battery and ratification; (3) failure to investigate and prevent in violation ...

Excerpt: ...apers were required to have been filed and serve 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 an employment relationship. On December 22, 2022, Moving Defendant filed: Plaintiff's currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising out of an employment relationship. On December 16, 202...

Excerpt: ...s”) RESPONDING PARTY: Plaintiff 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 section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) retaliation in violation of La...

Excerpt: ...nc. (“KLM”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged damage to Plaintiff's residential property. On March 25, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence; (2) strict liability; and (3) lateral support. The Complaint alleges that construction at Melby's neighboring property caused Plaintiff's property to be damaged. On January 31, 2023, M...

Excerpt: ...NBA”) (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed: (1) a motion to compel Rayan's responses to its Form Interrogatories, Set One (the “Rayan FROG Motion”); (2) a motion to compel Rayan's responses to its Special Interrogatories, Set One (the “Rayan SPROG Motion”); (3) a motion deem the truth of its Requests for Admission, Set One as to Rayan (the “Ra...

Excerpt: ...tion and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) demand for excess rent in violation of Los Angeles Municipal Code (“LAMC”) section 151.04; (2) collection of rent in violation of LAMC section 151.05; (3) violation of LAMC section 151.09; (4) violation of the Tenant Habitability Program; (5) violation of LAMC section 45.33; (6) violation of Section 8 of Los Angeles County Eviction M...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of alleged misconduct that resulted in Plaintiff's death during his hospitalization at Moving Defendant's facility. Plaintiff's complaint (the “Complaint”) alleges violations of the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”). In relevant part, the Complaint alleges: on February 1, 2021, Plainti...

Excerpt: ...ast nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On June 3, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) retaliation pursuant to Labor Code section 1102.5; (2) retaliation pursuant in violation of Labor Code section 6310; (3) common law assault; (4) common law battery; (5) negligent hi...

Excerpt: ...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 This action arises out of an employment relationship. On October 25, 2021, Plaintiff filed a complaint (the “Complaint”) on behalf of herself and all other aggrieved employees asserting a cause of action for civil penalties purs...

Excerpt: ...t/Cross Complainant Datametica Solutions, Inc. (“Datametica”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) common counts; (4) account stated; and (5) violation of Civil Code section 1738.10, et seq. Moving Defen...

Excerpt: ...o 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 section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On July 15, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) workplace disparate treatment under the Fair Employment and Housing Act (“FEHA”...

Excerpt: ...tiffs Diana Herrera (“Ms. Herrera”) and Felix Herrera (“Mr. Herrera”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Moving Defendant. On April 23, 2019, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) violation of Civil Code section 1793.2, subdivision...

Excerpt: ...i”) (collectively, Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of promissory note; (2) breach of oral contract; and (3) conversion. Plaintiff filed: (1) a motion for sanctions against Rusconi (the “Rusconi Motion”); and (2) a motion for sanctions against Adams (the “Adams Motion”) (collectively, the “Moti...

Excerpt: ...ed 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) employment discrimination in violation of the Fair Employment and Housing Act (FEHA”); (2) failure to accommodate in violation of FEHA; (3) failure to engage in a timely and good-faith interactive process in violation of FEHA; (4) harassment in violation of FEH...

Excerpt: ...idered 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 pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) fraud; (3) violation of the Uniform Fraudulent Conveyance Act; (4) open book account; (5) acco...

Excerpt: ...ely, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On January 5, 2023, Plaintiff filed a motion for sanctions (the “Motion”). The Motion requests that the Court impose evidentiary and monetary sanctions against Theodore and CTI for their ongoing misu...

Excerpt: ...he moving, opposition and reply papers. BACKGROUND This action concerns a dispute involving the Biafora Family Limited Partnership (“BFLP”). Among the claims alleged in Plaintiffs' currently operative second amended complaint (the “SAC”) is a cause of action for dissolution of BFLP. In September 2019, during the pendency of this action, Defendants initiated buyout proceedings pursuant to a provision in the BFLP partnership agreement (the ...

Excerpt: ...y papers. BACKGROUND On May 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of the Song-Beverly Act; (2) violation of the Magnuson-Moss Act; and (3) violation of the Consumer Legal Remedies Act. On November 2, 2022, judgment was entered in Plaintiff's favor. On December 19, 2022, Plaintiff filed a motion for attorney's fees (the “Motion”) pursuant to Civil Code section 1794, subdivision (d). Plaintiff seeks...

Excerpt: ...Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 18, 2022, Plaintiff filed a complaint (the “Complaint”) asserting representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On December 12, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground t...

Excerpt: ...Bernaola (“Bernaola”), Matthew Blake (“Blake”), and OneCruit, LLC (“OneCruit”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the termination of several employment relationships. On November 3, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of duty of loyalty; (2) aiding and abetting...