Excerpt: ...ff complained that a coworker had continuously mocked his speech impairment. Plaintiff brings causes of action for (1) disability discrimination, (2) disparate treatment, (3) failure to accommodate, (4) failure to engage in the interactive process, (5) retaliation, (6) wrongful termination, and (7) failure to prevent harassment, retaliation, and discrimination. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuan...

Excerpt: ...causes of action against the District for negligence and negligent hiring, retention, and supervision, and against Does 2 through 25 for negligence and negligent hiring, retention, and supervision. Defendant District now demurrers to the First Amended Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the First Cause of Action is SUSTAINED. Whether leave to amend is to be granted will depend on whether Plaintiff can make a su...

Excerpt: ...CEEDINGS: Plaintiff Leah Remini (“Remini” or “Plaintiff') brings this action against Defendants David Miscavige (“Miscavige”), Church of Scientology International (“CSI”), and Religious Technology Center (“RTC”). Plaintiff Remini is a former Scientologist who alleges that Defendants have “undertaken a campaign to ruin and destroy her livelihood” after she publicly departed Scientology in 2013. Plaintiff alleges that she, fri...

Excerpt: ...laintiffs”) purchased a 2017 Honda CR-V manufactured by Defendant American Honda Motor Co., Inc. (“Honda”). Plaintiffs allege the vehicle had electrical defects. They bring Song-Beverly violations for (1) breach of express warranty and (2) breach of implied warranty. Defendant Honda now moves for summary judgment, or in the alternative, summary adjudication. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is GR...

Excerpt: ...laintiffs are former property inspectors allegedly employed by Defendants. Defendant Advanced Field Services, Inc., now moves for (1) relief from waiver of jury trial and (2) to sever four bellwether Plaintiffs' cases. Plaintiffs opposed both motions. Defendant did not file a reply to either motion. TENTATIVE RULING: Defendant AFS's Motion for Relief from Jury Waiver is DENIED. Defendant AFS's Motion to Sever is also DENIED. Plaintiffs to give no...

Excerpt: ...endant Yuan Luo after an accident. Attorney Defendants Eric Chen and Ying Xu represented Defendant Luo in a personal injury action. Plaintiffs allege they obtained a medical lien for the treatment against all Defendants. After the matter settled, Plaintiffs allege that Defendants have failed to pay the amounts owed under the liens. Plaintiffs bring causes of action for (1) breach of contract, (2) book account, (3) account stated, (4) accounting, ...

Excerpt: ...ye disability that left him unable to travel on airplanes. Plaintiff further alleges that Defendants terminated his employment based on his disability and without offering reasonable accommodations. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED as modified herein. The action is stayed pending th...

Excerpt: ...uffer severe anxiety and depression, which necessitated work accommodations and a leave. Plaintiff alleges Defendant Califia Farms and her supervisor, Defendant Christina Vanworth, harassed, retaliated, and discriminated against her based on her disability and complaints against Vieyra, resulting in Plaintiff's constructive termination. Defendants now move to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff oppo...

Excerpt: ...leged violation of the Uniform Fraudulent Transfers Act. On December 8, 2024, this court granted Defendants' motion to expunge the lis pendens recorded on the subject property. Defendants now move to recover their reasonable attorney's fees and costs incurred on that motion. Plaintiff Bhola has not filed an opposition. TENTATIVE RULING: Defendants' Motion for Attorney's Fees and Costs is GRANTED in PART. Defendants are awarded $13,750.00 in attor...

Excerpt: ...omas James Turner III through Defendant Turner Brothers Asset Holding, LLC in August 2019. The majority of the purchase price was to be paid by a purchase money note secured by a first deed of trust on the property. After executing the note, Plaintiff alleges that Defendants presented Plaintiff with a new note, which Defendants led Plaintiff to believe was still secured by the first deed of trust. Plaintiff alleges, however, that Defendants simul...

Excerpt: ...e petition. [FN 1] TENTATIVE RULING: Petitioner's Petition to Compel Arbitration is CONTINUED to 3/1/24 at 8:30 a.m. to allow Petitioner to file a copy of the arbitration provision. Petitioner to give notice of the new date, and the supplemental moving papers by personal service, or in any other manner in which to serve a Summons and Complaint. DISCUSSION: Petition to Compel Arbitration Petitioner moves to compel arbitration against Respondent St...

Excerpt: ...bring this action against Defendants David Edward Rivera, D.C., and David Rivera Chiropractic, Inc., for alleged insurance fraud. Plaintiffs allege that Defendants continuously engaged in false, fraudulent, and/or misleading billing practices including up-coding, billing for services that did not occur, and/or billing for chiropractic services purportedly performed by Rivera that were actually performed by other individuals. Defendants have cross...

Excerpt: ...he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disability. Plaintiff alleges Defendant terminated him aft...

Excerpt: ...dant Ross's stores—a notebook planner, cosmetic case, and suction-cup mirror—contained Di(2-ethylhexyl) phthalate (“DEHP”), which is allegedly subject to Proposition 65 warning requirements. Defendant allegedly failed to provide such warnings. On October 22, 2021, Defendant Enchante Accessories, Inc., the distributor of the products at issue, filed a motion to intervene. The court granted the motion. On September 8, 2023, Plaintiff dismis...

Excerpt: ...CEEDINGS: Plaintiff Leah Remini (“Remini” or “Plaintiff') brings this action against Defendants David Miscavige (“Miscavige”), Church of Scientology International (“CSI”), and Religious Technology Center (“RTC”). Plaintiff Remini is a former Scientologist who alleges that Defendants have “undertaken a campaign to ruin and destroy her livelihood” after she publicly departed Scientology in 2013. Plaintiff alleges that she, fri...

Excerpt: ... an Oklahoma company that provides consumers access to online personal and commercial banking services. Plaintiff alleges that Defendant used spyware on its website to “dox” website visitors like Plaintiff, allowing Defendant to unlawfully obtain Plaintiff's personal data. Defendant now moves to quash service of summons for lack of personal jurisdiction. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Quash Service of Summons is GR...

Excerpt: ...as subject to a workplace injury. While cleaning a sewer line, he slipped on a slope causing him to fall into a nearby manhole cover. Plaintiff attempted to work through injuries but experienced pain. Shortly after reporting his injury, Plaintiff alleges Defendant terminated him citing a false performance review. Plaintiff brings cause of action against the City for (1) Disability Discrimination – Disparate Treatment in Violation of FEHA; (2) F...

Excerpt: ...alleges he made a 50% initial investment to purchase a parcel of land and the corporation RBR Automotive Parts, Inc., located on the same parcel. Defendants Razmik and Sadik Davoodian covered the other 50%. Defendants informed Plaintiff that he owned half of the property and 50,000 shares of the company. Plaintiff then worked as an employee for Defendants during which Defendants allegedly violated numerous provisions of the Labor Code. Defendants...

Excerpt: ...Company, LLC; One Sixty Over Ninety CA, LLC; Endeavor Operating Company, LLC; William Morris Endeavor Entertainment, LLC; and Mike Lewinsky bring this petition to confirm the arbitration award entered after binding arbitration between Petitioners and Respondent, Matthew Stanton. Stanton opposed. TENTATIVE RULING: Petitioners' Petition to Confirm Arbitration Award is GRANTED. Petitioners are ordered to file and serve a [Proposed] Judgment within 1...

Excerpt: ...to bid on the property and that it submitted a cashier's check sufficient to cover the bid. Defendant, however, allegedly rejected Plaintiff's bid and offered to return the funds. Plaintiff alleges Defendant wrongfully rejected the bid in violation of California Civil Code § 2924m. The Complaint asserted a single cause of action for specific performance. This court previously sustained Defendant's demurrer to the Complaint with leave to amend. P...

Excerpt: ...urne Vila B, LP, and managed by Defendant Moss Management Services. Before April 2022, Defendant Westbourne Venture owned the property, and Defendant Shapiro Property Management managed it. During Plaintiff's tenancy beginning in 2014, Plaintiff alleges her unit has exhibited habitability issues and substandard conditions, including water leaks and mold. Defendants have failed to properly remedy the defects, causing damage to Plaintiff's health a...

Excerpt: ... Civil Procedure § 386, by American Modern Home Insurance Group, Inc (“American”). Respondents are Vicki Laken (“Laken”) and the Kent Sherwood 2011 Trust (“the Trust”) through its Trustee, Mihana Mitchell (“Mitchell”). Laken and the Trust both claim the right to the remaining insurance proceeds for dwelling repairs to a mobile home located at 30473 Mulholland Highway, No. 104, Agoura, CA 91301, which was destroyed by the Woolsey ...

Excerpt: ... compromise, Plaintiff now moves to recover his attorney's fees and costs. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $51,750.00. Plaintiff is also awarded full costs in the amount of $17,314.45. Moving party to give notice. DISCUSSION: Motion for Attorney's Fees and Costs A. Defendant's Untimely Opposition As a preliminary note, all papers opposing a motion shall be filed...

Excerpt: ... Michael Rosenberg STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs brought this derivative action for the benefit of nominal Defendant Ahavath Israel Congregation, Inc (“AIC”). Plaintiffs allege that Defendants have misused AIC's assets, by among other things, gifting property to Defendant J.E.T.S. Synagogue. Plaintiffs bring this action for (1) rescission of lease, (2) rescission of deed, (3) money had and received, (4) conversion...

Excerpt: ... Plaintiff brings causes of action for (1) intentional misrepresentation, (2) aiding and abetting fraud, (3) civil penalties, (4) conversion, (5) aiding and abetting conversion, and (6) common count. Defendant Hu Qing Tang USA, Inc., now demurrers to each cause of action in the Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED in its entirety. Defendant is ordered to file an answer to the Complaint...