Excerpt: ...fices of Vahdat & Associate, APC (“Defendant”). The operative First Amended Complaint was filed on December 14, 2017 (the “FAC”). The FAC alleges causes of action for breach of contract and unjust enrichment. Defendant now demurs to the unjust enrichment cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. Plaintiff opposes. DISCUSSION “Unjust enrichment is not a cause of action…or ev...

Excerpt: ...efendants Ford Motor Company (“Ford”) and Vista Ford Inc. dba Vista Ford Lincoln (“Vista Ford”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on January 12, 2018 and asserts causes of action for violations of the Song‐Beverly Act, fraudulent concealment, intentional misrepresentation, negligent misrepresentation, and violation of the Consumer Legal Remedies Act. Holmes alleges that the used 201...

Excerpt: ...intly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff (Chartoff), John “Jack” Hanney (“Hanney”), and Alexander Orbison (“Orbison”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 29, 2017, and asserts ten causes of action stemming from Plaintiffs' employme...

Excerpt: ...nts”). The Complaint asserts causes of action for (1) Violations of Labor Codes §§98.6 and 1102.5; (2) Adverse Action in Violation of Public Policy; (3) Discrimination; (4) Retaliation; (5) Failure to Prevent Harassment, Discrimination, and Retaliation; and (6) Defamation. Defendants moved for summary judgment or, in the alternative, for summary adjudication on March 15, 2017. Garcia opposed. On October 12, 2017, the Court granted the motion ...

Excerpt: ...gainst Defendant Cathay Bank (“Cathay Bank”). Crossroads alleges that it entered into a written construction loan agreement (the “Agreement”) with Cathay Bank on June 18, 2014, whereby Cathay Bank agreed to lend Crossroads $12,950,000 for the rehabilitation and repair of a shopping mall in Greenville, Texas, and for the construction of tenant improvements on the property (the “Project”). Crossroads alleges that, over a year into the P...

Excerpt: ...ale of a Cartier diamond ring (the “Ring”). BJI moves for summary adjudication on its first cause of action for unjust enrichment/restitution. DGE opposes. EVIDENCE The Court grants BJI's Request for Judicial Notice as to Exhibits A and B. The Court denies BJI's Request for Judicial Notice as to Exhibits D, F, L, and M. The Court rules on DGE's evidentiary objections as follows: Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11 are sustained; No. 4 is ...

Excerpt: ...) and Perry Cohan (“Cohan”), as trustee of Cohan 2003 Family Trust (jointly, “Plaintiffs”) filed this action on September 22, 2014 against Defendants Babak Melamed (“Babak”) and Behzad Melamed (“Behzad”) (jointly, “Defendants”) alleging fraud and deceit, conversion, breach of fiduciary duty, and common count (money had and received). The allegations generally arose out of the terms of a Profit Sharing Agreement and the Cohan 2...

Excerpt: ...nants Yahya Sadigh and Michael Sadigh's Motion to Compel Further Responses from Plaintiff and Cross‐Defendant Farshad Kashani and for Sanctions is GRANTED; monetary sanctions are awarded in the amount of $4,935.00. Defendants and Cross‐Complainants Yahya Sadigh and Michael Sadigh's Motion to Compel Production of Documents Pursuant to Subpoena to Non‐ Party Dr. Ramin Farshi and for Sanctions is GRANTED IN PART AND DENIED IN PART; monetary sa...

Excerpt: ...rts causes of action for various violations of the Labor Code, wrongful termination in violation of public policy, and defamation. Defendants now petition the Court to compel arbitration pursuant to an arbitration agreement entered into by Taft in connection with his employment. Defendants also move to stay this action pending resolution of the arbitration. Taft opposes. DISCUSSION A. Existence of an Arbitration Agreement In a motion to compel ar...

Excerpt: ...mployment action on July 5, 2016. Plaintiff filed the operative First Amended Complaint (“FAC”) on September 9, 2016. The FAC is brought against Defendants Farmers Final Solutions, LLC and FFS Holding, LLC (jointly “Defendants”). Meyer's FAC asserts the following causes of action: age discrimination, retaliation (age discrimination), disability discrimination, retaliation (disability discrimination), failure to provide reasonable accommod...

Excerpt: ... is GRANTED.Plaintiff's Motion to Sanction Defendant Linda Schermer for Failure to Comply with Court Order is DENIED. Plaintiff's Motion for Preliminary Injunction is DENIED. BACKGROUND Plaintiff Bonnie Duboff (“Duboff” or “Plaintiff”), on behalf herself and all other limited partners of 245 Spalding Partners, L.P., filed this action against Defendants Linda Schermer (“Schermer”), as Trustee of The Surviving Trustor's Trust Under The ...

Excerpt: ...ion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC‐051)); (2) a ...

Excerpt: ...ntiff's Complaint alleges an open book account, and pursuant to Civil Code section 1717.5, entitlement to reasonable attorney's fees. However, the declaration of Plaintiff's counsel in support of such fees is insufficient, as it does not calculate fees in accordance with section 1717.5. Furthermore, if an attorney's fee amount calculated under section 1717.5 is greater than the amount provided for under LASC Rule 3.214, then the fee award is purs...

Excerpt: ...st various defendants on April 12, 2016. On August 10, 2016, Plaintiff filed two amendments to the Complaint, adding Defendants Aguilar Auto Repair (erroneously sued as J&J Auto Repair) (“Auto Shop”) and Francisco Aguilar (“Aguilar”) (jointly, “Defendants”) as Does 1 and 2. On December 1, 2017, Plaintiff filed the operative Second Amended Complaint (“FAC”). Plaintiff alleges that Defendants, along with the remaining defendants, pr...

Excerpt: ...nd Benjamin Novack (jointly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff, and John “Jack” Hanney (“Hanney”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 29, 2017, and asserts ten causes of action stemming from Plaintiffs' employment with Halt Gold Group....

Excerpt: ... for failure to comply with California Corporations Codes; failure to comply with operating agreement; breach of fiduciary duty; breach of covenant of good faith and fair dealing; fraud; and accounting. Defendants Grzegorz Grasela and Denisse Shott (jointly, “Defendants”) now move for an order bifurcating the issue of the amount of punitive damages from the liability phase of trial. Plaintiffs do not oppose to bifurcation. DISCUSSION Code of ...

Excerpt: ...his action on November 16, 2016 against Defendant County of Los Angeles (the “County”). Plaintiff is a sworn peace officer and probation officer for the County. Plaintiff alleges that during the course and scope of her employment, her supervisor Senior Deputy Probation Officer Michael Russel (“Russell”) engaged in a course of verbal and physical conduct with the intent of sexually harassing her. Plaintiff alleges that, when she refused Ru...

Excerpt: ...aliation in violation of California Labor Code §1102.5, wrongful termination in violation of Cal. Gov't Code §12940 et seq., wrongful retaliation in violation of Cal. Gov't Code §12940(h), and hostile work environment harassment in violation of FEHA and Cal. Gov't Code §§ 12940(j) (the “Cross‐Complaint”). Ishikawa seeks an award of $2,094,073.60 reflecting $2,093,500.00 as demanded in the Cross‐Complaint and $573.60 in costs. The Cou...

Excerpt: ...1 is DENIED. BACKGROUND Plaintiffs Brian Keys (“Keys”) and Maize Baskerville (“Baskerville”) (jointly, “Plaintiffs”) initiated this action on August 17, 2017 by filing a Complaint for Damages asserting various violations of the California Civil Code, battery and assault, and intentional and negligent infliction of emotional distress against Defendants The Cadillac Hotel (the “Hotel”) and Sris Sinnathamby (“Sinnathamby”) (joint...

Excerpt: ...ey committed legal malpractice, which caused a motion for summary judgment to be granted against her in the medical malpractice suit. In her complaint, Plaintiff asserts that Defendants failed in their obligations to her by failing to: (1) conduct any discovery in, (2) obtain an expert declaration in support of, or (3) oppose the motion for summary judgment in the medical malpractice suit. On January 3, 2018, the Court granted Kramer's motion for...

Excerpt: ...essye L. Randle (jointly, “Plaintiffs”) filed a Complaint in pro per on October 30, 2017 against a number of defendants challenging the foreclosure sale of that certain real property located at 1524 S. Spaulding Avenue, Los Angeles, CA 90019 (the “Property”) (the “Complaint”). Defendants Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007‐4, Asset‐ Backed Certificates, Series 2007‐4; Ocwen Financial Corp.;...

Excerpt: ...$1,260.00 Defendant FORD MOTOR COMPANY's Motion for Order Establishing Admissions and for Sanctions in the Amount of $1,260.00; Motion to Compel Responses to Form Interrogatories and Special Interrogatories and Request for Sanctions in the Amount of $1,260.00; and Motion to Compel Responses to Requests for Production of Documents and Request for Sanctions in the Amount of $1,260.00 are GRANTED. However, the award for sanctions shall be a total of...

Excerpt: ... a written obligation to pay money, i.e., the subject Loan and Security Agreements. However, Plaintiff has failed to provide the original Loan and Security Agreements and Modification Agreements, or in the alternative, a declaration explaining loss or unavailability of the original with a proposed order to accept a copy in lieu of the original pursuant to CRC Rule 3.1806.  The Declaration of Tonya Hinton in support of the default judgment is a...

Excerpt: ...for Inspection is GRANTED. BACKGROUND Plaintiff Yigal Mesika (“Mesika”) brought this action against Defendants UrRadio Group, LLC (“UrRadio”) and Tyler Francois (“Francois”) (jointly, “Defendants”) on November 21, 2016. Mesika filed the operative First Amended Complaint (“FAC”) on February 28, 2017. The FAC asserts causes of action for (1) breach of written contract; (2) fraudulent misrepresentation; (3) negligent misrepresent...

Excerpt: ...erman”) (jointly, “Defendants”). On February 26, 2015, Canko filed a Cross‐Complaint against King. On March 25, 2015, King filed a special motion to strike Canko's Cross‐Complaint. The trial court granted King's special motion to strike. Canko subsequently appealed, and the trial court's ruling was reversed. The Court of Appeal noticed the Remittitur on November 1, 2017. On December 7, 2017, Canko filed his Memorandum of Costs on Appeal...