Excerpt: ...nts failed to render the agreed upon funds. Plaintiff now moves for sanctions pursuant to CCP 128.5 against Defendants and their counsel, Rose Waldorf PLLC. Defendants opposed. TENTATIVE RULING: Plaintiff's Motion for Sanctions is DENIED with prejudice. DISCUSSION: Motion for Sanctions I. Legal Standard Code of Civil Procedure section 128.5 provides: a) A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses...

Excerpt: ...or Capital”); and Defendant VWR Corporation (“VWR”) RESPONDING PARTY(S): Plaintiff Lizeth Saenz STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment case. Plaintiff Lizeth Saenz alleges her employers wrongfully terminated her employment. The Complaint includes thirteen causes of action asserting various torts and violations of the Government Code. Defendants Avantor, Avantor Capital, and VWR each move to quash service of su...

Excerpt: ...laintiff brings six causes of action for (1) FEHA Sexual Harassment, (2) Sexual Discrimination, (3) FEHA Retaliation, (4) Labor Code Retaliation, (5) Failure to Prevent Harassment, Discrimination, and Retaliation, and (6) Negligent Supervision and Retention. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The actio...

Excerpt: ...Ike Suri (collectively “Plaintiffs”) bring this action against the law firm, Defendant Loeb & Loeb LLP. Plaintiffs allege that in its representation of its client, William Sadleir, Loeb & Loeb wrote a letter to Plaintiffs that misrepresented the ownership of Sadleir's companies in order to avoid payment to Plaintiffs under a consulting fee agreement. Plaintiffs bring causes of action for (1) Fraudulent Misrepresentation, (2) Deceit by Conceal...

Excerpt: ...nt Act. Defendant Luther Linton was dismissed on August 13, 2021. After a bench trial on March 7 and 8, 2022, the court issued an informal statement of decision on April 7, 2022, finding in favor of Plaintiff. Judgment for Plaintiff and against Defendants was entered on April 29, 2022. The court permanently enjoined Defendants from violating the Immigration Consultants Act for a period of ten years. Defendants now move for an Order to Tax the Mem...

Excerpt: ...rst Amended Complaint alleging causes of action for (1) breach of contracts; (2) breach of the implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets; (4) interference with contracts; (5) unjust enrichment; and (6) unfair business practices. The Court dismissed the fourth, fifth, and sixth causes of action at the demurrer stage, leaving just the breach of contract, implied covenant, and trade secret claims. Plainti...

Excerpt: ...ion case. Plaintiff Manuel Morales (“Morales”) worked at Defendant Wayfair, LLC, where he alleges he was terminated because of injuries sustained at work. Plaintiff moves to quash two (2) separate Deposition Subpoenas for Production of Business Records, each dated April 21, 2022, and issued by Defendant Wayfair and directed to (1) FasTemps and (2) United Employment Solutions.[1] Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Quash...

Excerpt: ...eir mother Martine entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate Investments, LLC (the “LLCs”). The Trousses allege that Defendants mishandled th...

Excerpt: ...cause of injuries sustained at work. Plaintiff moves to quash the Deposition Subpoenas for Production of Business Records dated April 21, 2022, issued by Defendant Wayfair and directed to Citistaff Solutions, Inc. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Quash is DENIED. DISCUSSION: Motion to Quash I. Plaintiff's Objections Plaintiff objects to the evidence submitted in opposition to the motion and attached to the Declaration of...

Excerpt: ...onal, Inc. (“Krubim”) and its shareholder/officer/agent, David Soleymani (“Soleymani”). Aghabala was the attorney for Krubim in the underlying Los Angeles Superior Court case Krubim 26 International v. Golden Communications, Inc., LASC case number BC 555618 (the “underlying case”). Krubim and Aghabala obtained a $3 million dollar judgment in that case. Krubim retained interpleader Plaintiff Silverman to collect on the judgment. The de...

Excerpt: ..., LLC (“GM”). Plaintiff brings causes of action for (1) breach of implied warranty, (2) breach of express warranty, and (3) fraudulent inducement. Defendant GM demurs to the third cause of action in the Complaint and moves to strike portions of the Complaint related to punitive damages. Plaintiffs opposed both motions. TENTATIVE RULING: Defendant General Motors, LLC's Demurrer to the Third Cause of Action is SUSTAINED. Defendant General Motor...

Excerpt: ...rust”) [1] . After Fred's death, the Family Trust split into two trusts: Trust A and Trust B. The co-trustees of Trust A are Sarah, Plaintiff Peter Lupo (“Peter”), and Defendant John Lupo (“John”). The co-trustees of Trust B are Peter and John. On May 6, 2004, Sarah created the Sarah M. Lupo 2004 GRAT Trust (“2004 GRAT”). Plaintiff Peter and Defendant John are trustees of the 2004 GRAT. On July 26, 2005, Sarah created the Sarah M. L...

Excerpt: ...rk Reynolds failed to perform under a contract between the parties for the construction of a residential swimming pool. The Complaint contains causes of action for (1) breach of construction contract, (2) breach of contract, (3) negligence, (4) negligent misrepresentation, (5) breach of express warranty, (6) breach of implied warranty, (7) declaratory relief, and (8) disgorgement. Defendants then filed a Cross-Complaint against Cross-Defendants T...

Excerpt: ...aham, are suing the fourth Shareholder of United, Defendant Michael Landver. California Clinical Research (“CCR”) is also a Defendant. Plaintiffs allege that Defendants breached their fiduciary duties to Plaintiffs and engaged in “sabotage” of United. Plaintiffs bring eleven causes of action against Landver and CCR. This case is related to LASC case number 21STCV39105, Michael Landver v. Matrix Clinical Research, Inc., et al. In the relat...

Excerpt: ...st Defendants HOLLYWOOD ENTERPRISES INC., a corporation doing business as KARNAK CLUB (“Defendant KARNAK”), and MINA LIM. On October 7, 2016, Plaintiffs filed an Amendment to the Complaint naming Defendant Alex Cha as Doe defendant 3. Plaintiffs now move for mandatory relief from the dismissal of Defendant Cha. Defendant Cha opposed. TENTATIVE RULING Plaintiffs' motion for relief under the mandatory relief provisions of CCP Section 473(b) is ...

Excerpt: ...c. (collectively “Plaintiffs”) filed a Complaint against Defendants Matrix Clinical Research, Inc., Faramarz Shamam, Peyman Banooni, Stan Gershovich and Does 1-100 inclusive (collectively “Defendants”), asserting eleven causes of action. United Clinical Research, Inc. conducts clinical trials for drug development. Plaintiff alleges he owns 25% of United Clinical Research, Inc.'s shares, serves on its board, and is an officer of the corpor...

Excerpt: ... the City of Los Angeles (“City”) and Los Angeles County Metropolitan Transportation Authority (“Metro.”) Plaintiff now moves for trial preference pursuant to CCP Section 36(a). Defendant Los Angeles County Metropolitan Transportation Authority opposed. TENTATIVE RULING: Plaintiff's motion for trial preference is DENIED WITHOUT PREJUDICE. Defendant to give notice, unless waived. DISCUSSION: Motion for Trial Preference Legal Standard A par...

Excerpt: ...lbarry (“Abdelbarry”) [1] retained the services of Defendant Estelle & Kennedy, a law firm, and its attorneys Michael Kennedy and Jillian-Leigh Caguicla Balancio, to represent him in an underlying lawsuit. [2] In the underlying suit, Abdelbarry was sued for breach of contract and related claims in Orange County Superior Court, based on his failure to repay loans made to him by Debra Newell. Plaintiff contends that the California court did not...

Excerpt: ...erating agreement with Scandin Medical Management, Inc., which was to be the marketing and management arm of Defendant West Regional Cardio Thoracic and Vascular Surgeons, West Regional Vein Center. Plaintiff gave a loan and investment in exchange for equity interest, but claims she has been denied her entitlement to either a percentage of profits of Defendant or a return of monies received by Defendant. On February 28, 2022, this court sustained...

Excerpt: ...ASC Case No. 20STCV40645), the County of Los Angeles (“the County”) filed a complaint against B&R and related entities based on alleged violations of the County's COVID-19 public health orders at the property. [1] On January 6, 2021, a preliminary injunction was issued enjoining B&R from hosting events at the property until certain compliance measures were taken. On May 10, 2021, the injunction was modified, permitting the county to, among ot...

Excerpt: ... Plaintiff contends he refinanced the Property, resulting in a first deed of trust of $650,000 and a second deed of trust of $95,000 on the Property, both held by American General Mortgage Association (“AMGA”). On or about November 16, 2006, AMGA assigned the second deed of trust to IndyMac Bank, FSB (“IndyMac”). Plaintiff contends that in or around 2012 or 2013, under a Department of Justice settlement pertaining to the Great Recession o...

Excerpt: ... PROCEEDINGS: Plaintiffs Kurt Knuttson and Woojivas, Inc. bring this suit against the law corporation of their deceased former lawyer, Judith Salkow Shapiro, APC, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Legal ...

Excerpt: ...n (“SRO”) is non-profit who owns and/or operates the Apartments. Plaintiffs allege that Defendant has neglected to maintain the property, misrepresented the conditions of the property to renters, and exposed Plaintiffs to uninhabitable conditions including extreme rodent and insect infestation, non-functioning toilets, contaminated water, heating and electrical problems, leaks/water damage, and toxic mold, among other things. Defendant SRO no...

Excerpt: ...h Company, LLC, and O'Gara Coach Company-San Diego, LLC (collectively “Defendants”) wrongfully terminated her for whistleblowing. She brings causes of action for (1) Whistleblower Violations (Cal. Labor Code § 1102.5), (2) Intentional Infliction of Emotional Distress, and (3) Retaliation and Wrongful Termination in Violation of Public Policy. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 12...

Excerpt: ...r employers, Defendants (Walt Disney Parks and Resorts U.S., Inc. and Disney Worldwide Services, Inc. (collectively, “Defendants”) wrongfully terminated her employment based on Plaintiff's disability. Plaintiff asserts fourteen causes of action against Defendants. Defendants now move for an order transferring venue to Orange County Superior Court. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Transfer Venue is GRANTED. Any and al...

Excerpt: ... Amended Complaint contains causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account. Plaintiff now moves for leave to file a Second Amended Complaint. Defendant opposes same. TENTATIVE RULING: Plaintiff's Motion for Leave to File a Second Amended Complaint is DENIED. Defendant to give notice, unless waived. DISCUSSION: Motion for Leave to File Second Amended Complaint Legal Standard If a plaintiff wishes t...

Excerpt: ...Healthcare, Inc.; Sovereign Health of Florida, Inc.; Sovereign Health of Phoenix, Inc.; Sovereign Health of Texas, Inc.; Shreya Health of Florida, Inc.; and Shreya Health of Arizona, Inc. 3. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Dual Diagnosis Treatment Center, Inc., Satya Health of California, Inc., Adeona Healthcare, Inc., Sovereign Health of Florida, Inc., Sovereign Health of Phoenix, Inc., Sovereign Health of Texas, Inc.,...

Excerpt: ...d Vivian Janov (“the Janovs”) alleging that Defendants employed her as a caregiver and failed to pay timely wages, failed to provide meal and rest periods, and failed to maintain records, all in violation of applicable provisions of the Labor Code. The Janovs Cross-Complained against Marzan, alleging (1) fraud in the inducement, (2) intentional misrepresentation, and (3) breach of contract. The Janovs allege that if Marzan was in fact their e...

Excerpt: ...This is a FEHA and wage and hour action. Plaintiff Vi Khuong (“Khuong”) alleges that Defendants misclassified her as an exempt worker when she was in fact an hourly employee. Plaintiff also alleges she endured various forms of harassment and violence from her employer. Defendants cross-claimed against Plaintiff and her business, RDC Nail Salon, based on alleged misrepresentations and misuse of Defendants' property. Plaintiff/Cross-Defendants ...

Excerpt: ...ir property in South Gate, California. The trees apparently blocked Defendants' business sign. Plaintiffs allege that Defendant/Cross-Complainant Quint Tax Services Corp. and/or its CEO, Carlos M. Quintana, had the Palm Trees cut in half so as they would no longer block the business sign. Plaintiffs bring causes of action against Defendants for (1) trespass, (2) trespass to chattels, (3) trespass to timber, (4) conversion, (5) nuisance, and (6) n...

Excerpt: ...ties reached a settlement, and this court ordered the Complaint dismissed with prejudice on April 19, 2021. The court retained jurisdiction to enforce the settlement. (See Minute Order 04/19/2021.) Plaintiff now moves for an order to vacate dismissal and enforce the parties' settlement agreement pursuant to CCP § 664.6. Defendant did not oppose the motion. TENTATIVE RULING: Plaintiff's motion to vacate dismissal and enforce settlement agreement ...

Excerpt: ...Distributors, Inc. (“Pioneer”), a video game distribution company. Until his passing, Plaintiff Nabati's late husband jointly controlled Pioneer with Defendant Rad. Defendant then took over control of the company. Plaintiffs allege that Defendant has engaged in wrongful acts and without authority from Pioneer's board, to the detriment of the company and Plaintiffs as fifty-percent shareholders. Plaintiffs filed a Complaint against Defendant R...

Excerpt: ...each of fiduciary duty, and an accounting. On June 10, 2021, plaintiff Khorgos Haokan Pictures & TV Co., Ltd. (“Plaintiff”) filed the instant action's Complaint against defendants Tianjin Tianyishenghua Culture Communication Co., Ltd. (“TTCC”) and Yuan Hui (“Hui”). The Complaint alleges as follows. In early 2017, Plaintiff and TTCC entered into a contract to co-produce a television series (the “Show”). Both Plaintiff and TTCC are ...

Excerpt: ..., Claudia Cadena, and S.B.S. Trust Deed Network (collectively “Defendants”). Plaintiff alleges the following causes of action against Defendants: (1) Fraud, (2) Negligent Misrepresentation, (3) Conspiracy to Defraud, (4) Violation of Usury Laws, (5) Unfair Business Practices, (6) Cancellation of Instrument, (7) Abuse of Process, (8) Accounting, (9) Injunctive Relief, and (10) Declaratory Relief. This action arises out of the sale of real prop...

Excerpt: .... Joseph Ross, a director and former officer of Freshtech, alleges that he was sidelined and forced out by Nazir Mir and Scott Keller (Freshtech's other officers and directors) because they were engaging in improper conduct. Mir and Keller allege in their cross-claims that Ross was engaging in improper conduct himself by competing with Freshtech through rPlanet Earth (“RPE”), a separate company with which he was involved. Cross-Defendants rPl...

Excerpt: ...��) claim that in 2002, their mother Martine entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate Investments, LLC (the “LLCs”). The Trousses allege tha...

Excerpt: ... September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3) Conversion, (4) Negligent Misrepresentation, (5)...

Excerpt: ...ted case (LASC Case No. 20STCV40645), the County of Los Angeles (“the County”) filed a complaint against B&R and related entities based on alleged violations of the County's COVID-19 public health orders at the property. [1] On January 6, 2021, a preliminary injunction was issued enjoining B&R from hosting events at the property until certain compliance measures were taken. On May 10, 2021, the injunction was modified, permitting the county t...

Excerpt: ...er of Freshtech, alleges that he was sidelined and forced out by Nazir Mir and Scott Keller, Freshtech's other officers and directors, because they were engaging in improper conduct. Mir and Keller allege in their cross-claims that Ross was engaging in improper conduct himself by competing with Freshtech through rPlanet Earth (“RPE”), a separate company he was involved with. Defendant Keller Packaging Group (“KPG”) moves to quash service ...

Excerpt: ...sconduct toward her. Defendant also allegedly used his influence and power over Plaintiff to intimidate and retaliate against her. Plaintiff brings causes of action against Marquez, the County of Los Angeles, and the City of Inglewood for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) Bane Act (Civ. Code § 52.1), (5) battery, (6) negligence, and (7) negligent hiring, supervision, or retention. Defendant City of Inglewood...

Excerpt: ... arbitration against Respondent for unpaid services rendered. The arbitrator then issued an award in favor of Petitioner. Respondent has allegedly failed to make payments on the arbitration award, and Petitioner moves the court to confirm the award. Respondent has not opposed the petition. TENTATIVE RULING: Petitioner's Petition to Confirm Arbitration Award is GRANTED. Petitioner is awarded $3,235.00 in fees and costs in connection with this peti...

Excerpt: ... Defendant K. Sausedo is also the executor of the Estate of Bereanice B. Moore. The decedent had properties in California and Nevada. Plaintiff alleges that despite administering the Nevada property in probate, Defendants did not open a probate proceeding in California. Plaintiff alleges that Defendant K. Sausedo repeatedly assured him that their mother's probate matter was pending. However, Plaintiff alleges that in August 2016, he learned that ...

Excerpt: ...r. Plaintiff alleges Defendant discriminated against her based on her being an African American woman in her sixties with a physical disability, and that Defendant forced her to retire in 2019. The Operative Third Amended Complaint includes causes of action under FEHA for (1) disparate treatment–discrimination, (2) disability discrimination–failure to provide reasonable accommodation, (3) disability discrimination–failure to engage in inter...

Excerpt: ... Associate/Analyst Role. As a part of the interview process, Plaintiff met with Defendant Todd Locicero (“Locicero”), Market Head of Los Angeles Private Wealth Management, who allegedly displayed animus toward Plaintiff based on his age (Plaintiff was 54 years old with a heart condition at the time.) Before UBS would hire Plaintiff, Defendants instructed Plaintiff he would have to “prove himself,” which meant raising $20,000,000 in new mo...

Excerpt: ...r at the March 1, 2022 Case Management Conference, the court dismissed the Complaint without prejudice pursuant to Government Code section 68608(b). (See Minute Order 03/01/2022.) Plaintiff now moves for reconsideration and/or relief from the order of dismissal. TENTATIVE RULING: Accordingly, Plaintiff's motion for reconsideration under CCP § 1008 and/or motion for relief under CCP § 473(b) is DENIED. DISCUSSION: Motion for Reconsideration Afte...

Excerpt: ...hat she miscalculated the six-month deadline to file her claims with the City of Los Angeles (“City”) and County of Los Angeles (“County”), believing it to be September 20, 2020, instead of the true deadline of August 20, 2020. (Merrill Decl. ¶¶ 3-4.) On February 8, 2021, Petitioner retained Downtown LA Law Group to represent her claim. (Rofael Decl. ¶ 2). Counsel discovered at that time that Petitioner had never submitted claim forms ...

Excerpt: ... of contract (Mircoseries and ABC), (3) breach of covenant of good faith and fair dealing (Milk Barn and ABC), (4) breach of covenant of good faith and fair dealing (Microseries and ABC), (5) intentional interference with contractual relationship (Milk Barn and ABC), (6) intentional interference with contractual relationship (Microseries and ABC), (7) breach of oral contract, and (8) breach of implied-in-fact contract. Plaintiffs allege the follo...

Excerpt: ...ing of a $500,000 principal plus prejudgment interest. Defendant appealed. Defendant has deposited an appeal bond with the court in the amount of $825,000. Plaintiff contends the $825,000 sum deposited is insufficient to secure the payment of the judgment while the matter is on appeal. Plaintiff moves for an order increasing the amount of the appeal bond under CCP § 996.010. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for ...

Excerpt: ...plaint and moves strike claims for punitive damages. Plaintiff did not oppose the motion. TENTATIVE RULING: Defendant's Demurrer is SUSTAINED. Defendants' Motion to Strike is MOOT. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. Goodman v. Kennedy (1976) 18 Cal.3d 335, 348. Plaintiff must demonstrate this possibility at the hearing. If he doesn't, no leave to amend will be given....

Excerpt: ...Cross-Defendant Michael O'Malley (“O'Malley”) as its VP of Program Management. O'Malley previously worked for Cross-Complainant Edgewell Personal Care Company (“Edgewell.”) O'Malley and DSC filed this suit on October 6, 2017, to challenge Edgewell's non-compete agreement. Edgewell also sued O'Malley in Connecticut state court for breach of confidentiality, breach of the non-compete, and trade secret claims. The parties agreed to consolida...