Excerpt: ...reholder of the Company. Plaintiff alleges that Defendants, who are also officers of the Company, wrongfully removed him from his position and falsely accused him of misappropriating Company funds. Plaintiff now brings this action for (1) Enforcement of Right of Inspection; (2) Breach of Fiduciary Duty; (3) Accounting; (4) Breach of Contract; (5) Injunctive Relief; (6) Breach of Implied Covenant of Good Faith and Fair Dealing; (7) Conversion; (8)...

Excerpt: ...oves for summary judgment, or in the alternative, summary adjudication, of all claims asserted by Plaintiff Rockett Evans only. Plaintiff Evans opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is DENIED WITHOUT PREJUDICE based on insufficient notice, which is a jurisdictional issue. Alternatively, even if service and notice were proper (or that failure to do so can be excused by the ...

Excerpt: ...ley-Davidson and its employees Ronald Senters, Drew Bruns, and Mark Ruffalo, including claims for sexual harassment. On January 27, 2022, this court granted Defendants' motion to compel binding arbitration. Defendants Harbor City Enterprises, Inc. and Mark Ruffalo have been unrepresented by counsel since March 17, 2023, when this court granted counsel Linda Krieger's motion to withdraw. On April 18, 2023, Defendant Harbor City Enterprises, Inc.'s...

Excerpt: ...l, M.D. Plaintiff alleges she visited Cedars for a biopsy of her left kidney to address the potential spread of her cancer. Plaintiff alleges that Defendant Raphael, the treating physician, conducted the biopsy on her right kidney instead of her left. In her First Amended Complaint, Plaintiff asserts causes of action for (1) medical negligence, (2) breach of fiduciary duty, and (3) constructive fraud. Defendant Yaniv Raphael, M.D., now moves for ...

Excerpt: ...r, Plaintiff alleges his superiors retaliated against him once Plaintiff discovered they had ordered a sham investigation of a coworker. Plaintiff now brings a Pitchess motion to compel disclosure of the Internal Affairs Investigation File governing the investigation against him. Defendant opposed. TENTATIVE RULING: Plaintiff's motion is GRANTED. Defendant is ordered to produce the entire file No. 20-003284 for in camera review. The Court sets an...

Excerpt: ... 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 GRANTED. The action is stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for 7/26/24 at 8:30 a.m. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Legal Standard “[T]he petitioner bears the burden o...

Excerpt: ...elated cause of action for negligent repair. Plaintiffs alleged they purchased a 2015 Ford Edge that exhibits engine defects. On March 10, 2023, the parties settled the matter. Plaintiffs now move to recover their reasonable attorney's fees and costs. Defendants Ford Motor Company and Peyton Cramer Ford opposed. TENTATIVE RULING: Plaintiffs' Motion for Attorney's Fees is GRANTED IN PART in the total amount of $41,250.00 Plaintiffs are awarded the...

Excerpt: ....; Musicians Institute, Inc.; Musicians Institute—College of Contemporary Music; Jose Hernandez; Larry Carr; and Todd Berhost. Plaintiff alleges she worked for Defendants as an admissions advisor, where she faced sexual harassment. After making complaints of the harassment, Plaintiff alleges she faced retaliation at work, necessitating time off. Defendants Larry Carr and Todd Berhost now separately demurrer to the FAC. Plaintiff opposed both mo...

Excerpt: ...loyment discrimination action that was filed on April 1, 2022. Plaintiffs allege that Defendants engaged in extreme racial and gender discrimination and harassment against Plaintiffs and retaliated against them for complaining about their treatment. Defendant Huntsman Advanced Materials Americas LLC moves to compel further deposition testimony from Plaintiff Reggie Williams. TENTATIVE RULING: Defendant's Motion to Compel Further Deposition Testim...

Excerpt: ...ted Plaintiff from her role as shift manager after she complained of harassing conduct by Defendant Shimol. Plaintiff was later terminated, which Defendants attributed to the Covid-19 pandemic. Plaintiff now brings causes of action for (1) FEHA Disparate Treatment Discrimination, (2) FEHA Quid Pro Quo Sexual Harassment, (3) FEHA Work Environment Harassment, (4) FEHA Retaliation, (5) FEHA Failure to Prevent Harassment, Discrimination, or Retaliati...

Excerpt: ...tended outside of their locked gate. After the theft, Plaintiff reported the incident to Defendant's insurer, Defendant Travelers Casualty Insurance Company of America. Travelers eventually offered Plaintiff $129,165.73 to resolve the claim, which Plaintiff accepted on January 5, 2023. Defendant mailed the check and Plaintiff cashed it. However, Plaintiff alleges the Travelers then issued a stop payment on the check and withdrew the funds from Pl...

Excerpt: ... professional negligence. Plaintiff alleges that Defendant incorrectly diagnosed him with schizophrenia and deemed him incompetent to represent himself in immigration proceedings. Plaintiff has also filed a related case (22VECV01309) against Defendant Tehrani in which he alleges that Defendant defamed him by filing a police report following a death threat phone call that allegedly came from Plaintiff. Defendant now moves for an order (1) declarin...

Excerpt: ...operty at 5468 Baldwin Ave, Temple City, CA. Plaintiff alleges after purchasing the house in April 2021, Defendant Chan recommended her husband, Robert Chan and his company West Los Angeles Specialized Construction Group, Inc., as a licensed general contractor to renovate the house. Plaintiff alleges Defendants Robert Chan and Yalin Chan falsely represented that there was no need to obtain building permits from Temple City because there was an ex...

Excerpt: .... Plaintiff now moves under Code of Civil Procedure section 473 to set this court's prior ruling that Plaintiff cannot pursue or claim any non-economic damages and/or medical economic damages in this case. (See November 23, 2022, Minute Order.) Defendant opposed. TENTATIVE RULING: Plaintiff's motion for relief under CCP Section 473(b) is CONDITIONALLY GRANTED. In lieu of the previous order of “issue sanctions,” monetary sanctions are awarded ...

Excerpt: ...or Code. Plaintiffs also brought a cause of Action for civil penalties under the Private Attorneys General Act. The matter proceeded to a bench trial from January 17, 2023, to January 19, 2023. Thereafter, this court entered judgment in Plaintiffs' favor. Plaintiffs now move for an award of attorney's fees. Defendant opposes. TENTATIVE RULING: Plaintiffs' Motion for Attorney's Fees is GRANTED in part, as modified herein. Plaintiffs are awarded th...

Excerpt: ...hibited serious defects and nonconformities to warranty, including engine and electrical defects. Plaintiffs bring this action against Ford Motor Company for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of Song-Beverly Act § 1793.2. Defendant Ford now moves for summary judgment, or in the alternative, summary adjudication. Plaintiffs opposed....

Excerpt: ..., Defendant Cleon J. Lawson, took advantage of her mental state following the divorce and persuaded Plaintiff to add him to the title, on the condition that the property be shared with his other siblings. Thus, in 1988, Plaintiff conveyed the title to Defendant in joint tenancy. In 2002, Plaintiff conveyed the property to her heirs, including Defendant, without objection from Defendant. However, Defendant now claims sole ownership of the property...

Excerpt: ... the U.S. Embassy in Liberia. (SAC ¶ 16.) In 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) Con...

Excerpt: ...anted a Deed of Trust to Downey Savings and Loan Association to secure an obligation which had the principal sum of $500,000.00. Later, Plaintiff granted a second Deed of Trust to National City Bank to secure an obligation which had the principal sum of $80,000.00. On June 2, 2008, Plaintiff alleges she entered into a modification agreement with Downey which she believed merged the National and Downey obligations into one loan. Plaintiff did not ...

Excerpt: ... action. Plaintiff alleges Defendant has used and continues to use the Doja trademark to sell products in the marketplace. Plaintiff asserts causes of action for (1) trademark infringement, (2) palming off, (3) violation of Business and Professions Code section 17200, (4) violation of California's False Advertising Law, and (5) declaratory and injunctive relief. Defendant Bartholomew has filed a Cross-Complaint against Zaftig and its owner, Brett...

Excerpt: ...perty from Defendant AmGuard. A fire in June 2017 damaged the property. During the adjustment of the insurance claim, it was revealed that the insurance policy on the property did not provide sufficient coverage to repair the structure in full. The First Amended Complaint asserts a single cause of action for negligence against AmGuard and Inszone for their failure to adequately insure the property. Defendant Amguard Insurance Company now moves fo...

Excerpt: ...horay, for the premises at 11577 Mississippi Ave., Los Angeles, CA. Plaintiffs allege the premises suffers from water leaks and now contains high levels of mold, confirmed by testing. Despite notifying Defendants of the issues, Defendants failed to effectively remedy the mold. Defendant Babak Nehoray now demurrers to each cause of action in the Complaint. Defendant also moves to strike punitive damages therein. Plaintiffs opposed both motions. TE...

Excerpt: ...o insure his vehicle. When Plaintiff's vehicle was allegedly vandalized, Plaintiff alleges Defendant treated his claim under the policy in bad faith. Before denying his claim, Plaintiff alleges Defendant demanded inspection of his vehicle and then failed to return it. Defendants ultimately denied Plaintiff's claim. Plaintiff attributes his alleged treatment, in part, to the fact that he is Muslim and has “roots…from the Middle East.” Plaint...

Excerpt: ...felia Pastor STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of habitability case. Plaintiffs Adela Pastor; Reynaldo Pastor; Ofelia Pastor; Karla Rodriguez Pastor, a minor by and through her guardian ad litum Adela Pastor; and Edward Ezequiel Pastor, a minor by and through his guardian ad litum Ofelia Pastor, resided as tenants at a property owned by Defendants 667 S. Carondelet St. LLC and Statewide Enterprises, Inc. Plaintiffs ...

Excerpt: ...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, (5) breach of fiduciary duty, and (6) unjust enrichment. Defendant JETS Synagogue now moves for summary judgment, or in the alternative, summary adjudic...

Excerpt: ...Plaintiff reported these injuries to her supervisors, who failed to accommodate her and allegedly retaliated against her for attempting to take time off to treat her injuries. Defendant eventually terminated Plaintiff. Plaintiff alleges her termination was due to her perceived disabilities and/or disabilities, medical condition and medical leave. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plai...

Excerpt: ... subject vehicle exhibited electrical, software, and safety system defects, among other things. 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. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of ...

Excerpt: ...ia, Luz Becerra, Jose Flores, M.Q.C.T., a minor, by and through David Chavez, guardian ad litem, I.M., a minor, by and through Jessenia Mancia, guardian ad litem, E.M., a minor, by and through Jessenia Mancia, guardian ad litem, R.P., a minor, by and through Carla Ponce, guardian ad litem, D.P., a minor, by and through Carla Ponce, guardian ad litem, E.C.G., a minor, by and through Belen Cid-Garcia, guardian ad litem, and A.F.F.B., a minor, by an...

Excerpt: ... Defendant Keyes Hyundai of Van Nuys, manufactured by Defendant Hyundai Motor America. Plaintiffs sued Defendant manufacturer for (1) violation of Song-Beverly Act – breach of express warranty, (2) violation of Song-Beverly Act – breach of implied warranty, and (3) violation of Song- Beverly Section 1793.2. Plaintiffs also sued the dealer for (4) negligent repair. On November 23, 2022, this court granted Defendants' motion to compel the matte...

Excerpt: ... North America, LLC. Plaintiff alleges he worked for Defendants as an account manager. On June 6, 2021, Plaintiff broke his femur. The injury prevented him from performing duties as a salesman such as driving, standing for prolonged periods, and sitting. This forced Plaintiff to take a leave of absence. Plaintiff also alleges that he raised safety concerns regarding Defendants' equipment, and concerns that Defendants' were making misrepresentatio...

Excerpt: ...sed on their website. Plaintiff brings causes of action for (1) fraud, (2) negligent misrepresentation, (3) violation of Business & Professions Code section 17500 et seq., (4) violations of Business and Professions Code section 17200 et seq., (5) negligence, and (6) breach of contract. Defendant ERLA Construction, Inc., now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defe...

Excerpt: ... action against Defendants HRB Tax Group, Inc. and HRB Digital, LLC (collectively, “Block”). Plaintiff alleges that in the early 2000s, a consortium of electronic tax preparation companies (the “Free File Alliance”), including Block, agreed with the Internal Revenue Service to begin offering free filing software to taxpayers. In exchange, the IRS agreed not to offer its own free filing software. Plaintiff alleges that in recent years, Blo...

Excerpt: ...nty Act. Plaintiff alleged his 2020 Ford Explorer failed an unreasonable amount of times, did not function properly, and was not safe or reliable. On January 11, 2023, Plaintiff dismissed the action with prejudice pursuant to a settlement of the case. Plaintiff now moves for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Enforce Settlement Agreement is DENI...

Excerpt: ...he scope of the easement by, among other things, installing a gate, masonry, and removing a paved road. Plaintiff's First Amended Complaint asserts causes of action for (1) quiet title, (2) trespass to land, (3) conversion, and (4) declaratory relief. Defendant Barron filed a Second Amended Cross-Complaint against Bentson for (1) declaratory relief, (2) quiet title by prescriptive easement, and (3) quiet title by equitable easement. On December 1...

Excerpt: ... a written lease agreement with Defendants Prime/Park La Brea Titleholder LLC (as property owner) and Park La Brea Management (as property manager) to rent the Subject Property. Plaintiff resided at the Subject Property with Plaintiff Loren Vallin-Flores and his minor child, Plaintiff Elijah Dragotta. Plaintiffs allege the Subject Property contained various defects and damage from a flood. Defendants allegedly failed to remedy the damage to the p...

Excerpt: ... Normandie Ave. Plaintiffs allege Defendant 720 S. Normandie Ave., LLC, owned the property, and that Defendant Statewide Enterprises, Inc., managed the property. Plaintiffs allege the property flooded on two occasions and that Defendants failed to remedy or make repairs, resulting in damage to the property. They bring causes of action for (1) breach of the implied warranty of habitability, (2) tortious breach of the implied warranty of habitabili...

Excerpt: ...Vershinin is the shareholder and president of the entities. Plaintiff, a logistics and distribution company, alleges it supplied Defendants with petroleum pursuant to written contracts. Defendants allegedly failed to make payments due. Plaintiff brings causes of action for (1) breach of contract, (2) breach of personal guaranty, and (3) account stated. Plaintiff now moves for a right to attach order. The motion is unopposed. [FN 1] TENTATIVE RULI...

Excerpt: ...ries sustained at work. Defendants now move for summary judgment, or in the alternative, summary adjudication of the Complaint. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion for Summary Judgment is GRANTED in its entirety. Moving party to give notice, unless waived. DISCUSSION: Motion for Summary Judgment, or in the Alternative, Summary Adjudication I. Evidentiary Objections Pursuant to CCP § 437c(q), the Court only rules upon objectio...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Mary Jayne Sarah Johnstone, individually and as Personal Representative of her parents' estates, and Plaintiff Ryan Dudasik, husband of Johnstone, bring this action against Defendant California Automobile Insurance Company (“CAIC.”) Plaintiffs allege Jay and Mary Johnstone, both now deceased, owned real property in Pasadena, CA, and retained a homeowners' insurance policy on the property is...

Excerpt: ... the United States by air freight Plaintiff alleges it wired $825,000.00 for air freight by chartered plane—however, Defendant had not obtained the gloves and had failed to take the legal steps necessary to ship them. Defendant then made repeated misrepresentations regarding the status of the shipment. At the time of the PAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. Plamtiff now moves for summary adjudication...

Excerpt: ...e a wine bar. That included aline of credit, on which Defendant Mesna and her now ex-husband, Mark Dunton, were personal guarantors. As the marriage came to an end, Plamtiffs allege they informed Defendant Bank that any of Dunton s authorizations on the account or Ime of credit needed to be revoked. However, Defendant failed to remove Dunton's access to the line of credit, despite representing that it would. Plamtiffs later learned that Dunton ha...

Excerpt: ... check when petitioners and similarly situated plaintiffs applied for positions at Spencer Gifts. Petitioners now move to confirm a settlement approved by Arbitrator David B. Van Etten. The motion is unopposed. TENTATIVE RULING: Petitioners' Motion to Confirm Arbitration Award is GRANTED. Petitioners are ordered to file and serve a [Proposed] Judgment within 15 days incorporating the Arbitrators Award, and as consistent with this ruling. Moving p...

Excerpt: ...cer 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. Plamtiff/Cross-Defendant Joseph Ross now moves to quash Freshtech's sub...

Excerpt: ...g leaking plumbing, electrical issues, and vermin Infestation. Plamtiff brings this action for (1) breach of warranty of habitability, (2) breach of covenant of quiet en]oyment, (3) nuisance, (4) negligence, (5) breach of contract, (6) intentional interference With estate, and (7) violations of LARSO. Defendants now move for summary judgment Plamtiff opposed. TENTATIVE RULING: Defendants' Motion for Summary Judgment is CONTINUED to a date TBD, in...

Excerpt: ...A 90813, owned and managed by Defendant B&C Properties and Jehan A. Shahid as Trustee of the Jehan D. Shahid Separate Property Trust. Plaintiffs allege Defendants caused and failed to remedy uninhabitable conditions in their apartment units and in the common areas ofthe Subject Property. Plamtiffs now move for leave to file a Second Amended Complaint The motion is unopposed. TENTATIVE RULING: Plamtiffs' Motion for Leave to File a Second Amended C...

Excerpt: ...'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 October 6, 2021, Defendant AWBCO recorded a notice of Assignment o...

Excerpt: ...ndants failed to provide her with reasonable accommodations. Accordingly, Plaintiff took a medical leave of absence. Once Plaintiff sought to return to work with reasonable accommodations, she alleges Defendants terminated her employment Plamtiffbrings FEHA and related claims against Defendants. Defendants now move to compel the matter to arbitration. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The ac...

Excerpt: ...bble, Inc., brings this Complaint against Defendants Amit lain, Alliance Group Ventures, LLC, and Chirag Patil. Plaintiff alleges Defendant Jain is the CEO of Bridg, Inc„ and PlaintiffDailyGobble held a sizeable number of shares in Bridg. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than SO. 75 each. At the same time, Defendant was negotiating a sale of Brid...

Excerpt: ...Defendant South East Personnel Leasing, Inc., seeking civil penalties under Labor Code sections 2698, et seq. ("PAGA") for Defendants alleged violations of applicable Labor Code statutes and Wage Order regulations. Defendant now moves to strike Plaintiffs complaint as unmanageable, or in the alternative, to compel Plaintiffs individual claims to arbitration. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Strike Plaintiffs Complaint as...

Excerpt: ...nt Plaintiff brings causes of action or (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, and (4) unjust enrichment. [FN 1] Defendant Starship, LLC now demurs to the First Amended Complaint Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer as to the First and Second Causes of Action is OVERRULED. Defendant's Demurrer as to the Third Cause of Action is SUSTAINED. W...