Excerpt: ...efendant that he could not physically perform the new assignment because it required too much walking which he was incapable of doing due to his disability. Plaintiff alleges Defendant failed to reasonably accommodate or engage in an interactive process, which resulted in his constructive termination. Defendant County now demurs to the Second Cause of Action for Age Discrimination. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the ...

Excerpt: ...mployees, including Plaintiff. Plaintiff alleges Defendant told Plamtiffthere was no room for him but retained younger workers. Plaintiff alleges Defendants failure to call Plaintiff back for work was due to his age. Plaintiff now brmgs causes of action against Defendant for (1) wrongful termination in violation of public policy, (2) age discrimination, (3) failure to prevent discrimination, and (4) unfair competition. Defendant now moves for sum...

Excerpt: ...ed the real property after beingthe highest bidder at a Trustee's foreclosure sale on September 8, 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff Plaintiff obtained a TRO on January 7, 2021, enjoining any non-judicial foreclosure action against the property. It is further alleged that on Oct...

Excerpt: ... alleged that her and her children appeared on The Dr. Phil Show, and experienced unfair treatment and humiliation, among other things. Plaintiff asserts causes of action for (1) negligent misrepresentation, (2) professional negligence, (3) personal injury, (4) equitable relief, (5) defamation, and (6) violation of Civil Code section 1714. On November 22, 2022, this court granted Defendants' special motion to strike the FAC in its entirety. (See ...

Excerpt: ...on, (2) discrimination/retaliation for requesting accommodation, (3) failure to prevent discrimination, and (4) wrongful termination. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP 5 1281 et seq. Plaintiff opposed. This matter first came for hearing on March 8, 2023. At that hearing, this court granted Plaintiffleave to file a supplemental brief addressing the new arguments raised in the movmg party s Reply Brief...

Excerpt: ...ionary business for a 25% stake. Following Plaintiffs' initial investment of S50,000, Plaintiffs allege that Defendants dissolved the business and ceased all communications. Plamtiffs bring causes of action for (1) breach of contract, (2) breach of implied covenant and good faith and fair dealing, (3) money had and received, (4) unjust enrichment (5) conversion, and (6) misrepresentation and fraudulent inducement Defendant Eva Cassidy now demurs ...

Excerpt: ... 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. Plaintiff Ross now moves for an order compelling Defendant and Cross-complainant Scott M. Keller ("Keller") to produce unredacted text messages bet'.v...

Excerpt: ...L FACTS AND/OR PROCEEDINGS: This is a corporate dispute over the management of Freshtech, a food packaging distributor. 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...

Excerpt: ...set Boulevard. Plaintiffs vehicle has been held at Hollywood Tow Service, Inc„ since that date, based on a balance allegedly due for the towing and storage of the vehicle. Plaintiff alleges that the Department of Motor Vehicles has informed him that there are no liens on the vehicle. Plaintiff now brings this action for (1) injunctive relief, (2) tortious interference, and (3) fraud against Defendants Hollywood Tow Service, Inc., Gary Minzer, S...

Excerpt: ... a Chinese company, brought this action against Defendants Sky Express World Courier, Inc. ("Sky"), Hyoungtae Kim, and Kyoungjin Cho. Salt alleges that It entered into an oral agreement with Defendants whereby Salt would ship goods from China with Sky serving as the master consignee in the United States. Under the agreement, Salt would pay all processing and Customs fees. Salt alleges that Sky breached the agreement and committed fraud by, among ...

Excerpt: ...te entitled Yazdanpanah v. Mokhtari, Los Angeles Superior Court Case No. EC066532. Following a court-approved sale of the property, the proceeds were placed in Defendant's Client/Attorney Trust account Plaintiff alleges that Defendant exhausted the money in the Trust account to satis$ his own personal debts, and concealed this information from Plaintiff. Plaintiff now brings this action for (1) breach of fiduciary duty, (2) conversion, (3) legal ...

Excerpt: ...alleges it retained Defendant Deli Bookkeepmg & Tax Services to handle the business's tax services. Defendants Egbert Sanchez and Anastasio Carcamo are alleged to be owners, directors, officers, or managing agents of Defendant Deli Bookkeeping. Plaintiff alleges that Defendant Cindy s Insurance, operated by Defendant Egbert Sanchez's wife, Cindy Sanchez, was also involved in the tax process. From 2014 to 2022, Plamtiff alleges that It paid Defend...

Excerpt: ... parts Soligen supplied Eaton. The operative First Amended Complaint contained causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account The action proceeded to jury trial on Januaty 3, 2023. Following trial, the jury rendered a verdict in Plamtiffs favorin the amount of $212,981.00. (See 1/23/2023 Judgment) Plamtiffnow moves for an order granting prejudgment interest Defendant opposed. TENTATIVE RULING: Pla...

Excerpt: ...estate in 2004. Plaintiffs sister, Kathy Moore Sausedo, and her husband Robert Sausedo, are trustees of the Sausedo Trust Defendant K. Sausedo is also the executor of the Estate of Bereanice 8. Moore. The decedent had properties in California and Nevada. Plaintiff alleges that despite admimsteringthe Nevada property in probate, Defendants did not open a probate proceeding in California. Plaintiff alleges that Defendant K. Sausedo repeatedly assur...

Excerpt: ...dical malpractice, professional negligence, and sexual assault. While incarcerated, Plaintiff alleges Defendant County denied him medical treatment to treat an infection. Plaintiff further alleges Defendants violated his civil rights by, among other things taking blood without consent, and failing to offer specialized housing despite being mobility impaired. Plaintiff seeks in damages. Defendant now moves for summary judgment or in the alternativ...

Excerpt: ...ng Trust RESPONDING PARTY(S): Plaintiff Vista Land, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action arises out of the sale of real pro#rty located at 5529 Vanalden Street in Tarzana, California. Plaintiff Vista Land ("Vista") alleges it purchased the real property after beingthe highest bidder at a Trustee's foreclosure sale on September 8, 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff al...

Excerpt: ...itten guaranty. Plaintiff alleges Defendants have failed to pay rent, costs, and expenses they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place ofWest•wood, Inc. Subsequently, Defendant Sugarman filed a Cross Complaint against Defendant Azinian for (1) breach of contract, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief. Defendant Azinian also filed a Cross-Complaint, asserting a cause ...

Excerpt: ...e electronics system defects, electrical defects, recalls, and other serious nonconformities to warranty. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Plaintiff to give notice. DISCUSSION: Motion to Compel Arbitration 1. Legal Standard “[T]he petitioner bears the burden of proving the existen...

Excerpt: ...nder the agreement, Defendants were to obtain necessary local licenses and permits for either a grow facility, extraction facility, or a dispensary; Plaintiff paid them a $50,000 retainer fee. Plaintiff alleges Defendants failed to perform under the agreement and refuse to return her retainer. Plaintiff brings causes of action against each Defendant for (1) breach of contract, (2) actual fraud, (3) constructive fraud, (4) intentional misrepresent...

Excerpt: ... order awarding attorney fees and costs. Defendant opposed the motion. TENTATIVE RULING: Plaintiffs' Motion for Attorney's Fees is GRANTED IN PART in the total amount of $61,250.00 Plaintiffs are awarded their full costs in the amount of $19,658.02. The motion to tax cost currently set for 6/1/23 is ADVANCED AND VACATED AS MOOT. Plaintiffs to give notice, unless waived. DISCUSSION: Motion for Attorney's Fees A. Analysis Plaintiffs move for an ord...

Excerpt: ...der the agreement, Defendants were to obtain necessary local licenses and permits for either a grow facility, extraction facility, or a dispensary; Plaintiff paid them a $50,000 retainer fee. Plaintiff alleges Defendants failed to perform under the agreement and refuse to return her retainer. Plaintiff brings causes of action against each Defendant for (1) breach of contract, (2) actual fraud, (3) constructive fraud, (4) intentional misrepresenta...

Excerpt: ...under Labor Code sections 2698, et seq. (“PAGA”), for Defendant's alleged violations of applicable Labor Code statutes and Wage Order regulations. Plaintiff now moves for summary adjudication of Defendant's Fourth, Fifth, and Sixth affirmative defenses. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Summary Adjudication is DENIED in full. Moving party to give notice, unless waived. DISCUSSION: Motion for Summary Adjudication I. E...

Excerpt: ... Carolina Perez and Ricky Perez allegedly owned the apartment building from 2002 through late 2017. Defendant Red Hook Properties, LLC is the current owner. Plaintiffs allege the apartments contain(ed) numerous deficiencies and conditions that render them uninhabitable. Plaintiffs bring causes of action for (1) breach of warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) negl...

Excerpt: ...ch of contract, (2) negligent infliction of emotional distress, and (3) intentional infliction of emotional distress. The matter was called for trial on October 3, 2022. There was no appearance by Plaintiff. Pursuant to an oral request by Defendant, this court ordered the Complaint dismissed without prejudice. Plaintiff now moves for an order to set aside the order dismissing the action. Defendants had not filed an opposition when this motion fir...

Excerpt: ...nager for Defendant Mendocino Farms, LLC. Plaintiff alleges Defendant terminated him after sustaining a back injury. Plaintiff brings causes of action for (1) disability discrimination, (2) discrimination/retaliation for requesting accommodation, (3) failure to prevent discrimination, and (4) wrongful termination. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: ...