Excerpt: ...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 Complaint. Plaintiff Tom Trading Co., LTD opposed. TENTATIVE RULING: Defendant's Demurrer as to the First and Fourth Causes of Action is SUSTAINED, with 30 days leave to amend. Defendant's Demurrer as to the Sec...

Excerpt: ...olled by Defendants based on the Trust's belief that Defendants would use the funds in various investments for the Trust's benefit. Plaintiff alleges Defendants later claimed the funds were repayments of loans that Defendants made to the Trust in prior years. The Trust demands repayment of the funds. This is one of numerous actions bet•vveen the parties. On October 15, 2019, the parties jointly stipulated to stay this action pending resolution ...

Excerpt: ...oneja, Sanjiv Joneja, Leading Rental, and Expert Associates, Inc. Plaintiff sues personally and derivatively as a 50% Shareholder of Leading Rental, alleging wrongful acts by Defendants in their management of Leading Rental. The FAC asserted causes of action for (1) breach of fiduciary duty (derivative), (2) conversion (derivative), (3) breach of fiduciary duty, (4) conversion, (5) fraud, (6) violation of Corp. Code 5 1601, (7) violation of Corp....

Excerpt: ...3,481.06 plus interest based on component parts Soligen supplied Eaton. The operative First Amended Complaint contained common count causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account. The action proceeded to jury trial on January 3, 2023. Following trial, the jury rendered a verdict in Plamtiffs favorin the amount of $212,981.00. (See 01/23/2023 Judgment) Plaintiff now moves to recover its attorneys ...

Excerpt: ...t as a Secretary. Plaintiff alleges Villanueva retaliated against her because of her perceived support for Eli Vera, who ran against Villanueva in the Sheriffs election race. As part of that retaliation, Plaintiff alleges Villanueva blocked her promotion for which she was qualified. Defendants County and Villanueva now demurrer to the Complaint and also move to strike portions therein. Plaintiff opposed. TENTATIVE RULING: Defendants' Demurrer to ...

Excerpt: ...na Kim seeking to recognize and enforce a judgment entered agamst them in the Netherlands. Plaintiff also alleged fraudulent transfers and Civil conspiracy relating to funds owed under the judgment In November 2018, this Court entered a judgment against Defendants. TENTATIVE RULING: Defendants' Motion for a Protective Order is GRANTED. Moving party to give notice, unless waived. DISCUSSION: Defendants' Motion for Protective Order Legal Standard V...

Excerpt: ...h individuals and co-Trustees of the Hughes Shulman Family Trust (the "Trust), bring this unlawful detainer action against Defendants Living the Dream. The Trust is the sole oumer of real property located at 1646 Blue Jay Way, Los Angeles, CA 90069, which includes a single-family residence. Plaintiffs allege that Defendant Living the Dream remains in possession of the propernr despite expiration of the lease term. Plaintiff also alleges that the ...

Excerpt: ... Guild, most recently as Executive Assistant to the Executive Director of ADG, Defendant Chuck Parker. In November 2019, Plaintiff alleges she complained to other ADG employees that Defendant Parker was using frequent flyer airline miles from ADG's account to pay for person vacations, which Plaintiffbelieved was a crime. Plaintiff alleges Defendants eventually terminated her employer in response to her complaints. Defendant Chuck Parker now demur...

Excerpt: ...edical issues, alleges that Defendant refused to offer reasonable accommodations and terminated her employment Plamtiff now moves to quash the deposition subpoena seeking employment records from her subsequent employer, Western Veterinary Group. Defendant opposed. TENTATIVE RULING: Plaintiffs Motion to Quash the Deposition Subpoena is DENIED. The third party is ordered to turn over all documents consistent with the Subpoena. Moving party to give ...

Excerpt: ...s, including Defendant's decision to block emergency doors in its attempts to stop thefts. In response to these continued complaints, Plaintiff alleges Defendant terminated his employment Plaintiff also alleges that his termination was, in part, due to his age and seniority with the company. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP 5 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Co...

Excerpt: ...ve, Sherman Oaks, CA 91423, with Plaintiff as purchaser and Defendant as seller. Plaintiff alleges it was ready to perform but that Defendant cancelled escrow and the contract. Plaintiff brings causes of action for (1) breach of written contract and (2) breach of the implied covenant of good faith and fair dealing. Defendant 4930 Coldwater filed a Cross-Complaint against Plaintiff for (1) breach of contract and (2) fraud. Defendant/Cross-Complain...

Excerpt: ...cts, 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. This Court will consider any request for a stay of this case for up to sixty (60) days so that the Defendant may determine whether it wants to file a direct appeal of this ruling. DISCUSSION: Motion ...

Excerpt: ... fell from a company truck. Plaintiff alleges both caused recurring medical issues that led to her termination on October 7, 2021. Plaintiff brings this action for (1) disability discrimination, (2) failure to reasonably accommodate, (3) failure to engage in good-faith interactive process, (4) retaliation for exercising medical leave rights, (5) failure to prevent discrimination, (6) intentional infliction of emotional distress, (7) negligent hir...

Excerpt: ...racted with Defendants Drake Real Estate Group and Christopher Charles Drake whereby Defendants would manage the property. Plaintiff alleges that Defendants presented a plan for interior renovations of the apartments. Defendants, however, allegedly failed to disclose that the renovations involved a full-scale electrical upgrade. Defendants retained Defendant AAG Services, Inc. as subcontractor to conduct the electrical work. Plaintiff alleges Def...

Excerpt: ...LLC and Jeunesse Global Holdings LLC. As part of this role, Plaintiff alleges he brokered a business deal between the Jeunesse business organizations and now-dismissed Defendants Yolanda Halston and Rodger Halston. Plaintiff contends that a deal materialized but that he was denied a commission. Plaintiff brings causes of action for (1) constructive fraud, (2) fiduciary fraud, (3) conspiracy to commit and aiding and abetting constructive fraud, (4...

Excerpt: ...ath 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 adj...

Excerpt: ...efendants 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 misrepresentations about the equipment to customers. Plaintiff alleges...

Excerpt: ...and (“Vista”) alleges it purchased the real property after being the 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 prope...

Excerpt: ...gloves, by which Defendant agreed to deliver the gloves to Plaintiff in 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 FAC's filing, Defendant had not delivered the gloves ...

Excerpt: ...logies, Inc., in customer service. Plaintiff underwent kidney dialysis in 2018 which required medical leave. Plaintiff alleges Defendants terminated his employment based on his disability and/or age. Plaintiff brings causes of action for (1) disability discrimination, (2) failure to engage in the interactive process, (3) failure to prevent discrimination and retaliation, (4) age discrimination, and (5) wrongful termination in violation of public ...

Excerpt: ...Avina sustained injuries. Defendants are Dewayne Higgins Trucking Company, Inc. (erroneously sued as Harold Dewayne Higgins), Debbie Jean Brantley, Albert Aghamalian, and Engine Shop and Parts, LLC, all of whom are alleged to be responsible in part for the accident. Plaintiffs Miguel Avina and Ruth Avina bring two motor vehicle causes of action seeking damages for wage loss, medical expenses, general damage, and loss of earning capacity. Plaintif...

Excerpt: ...ndant Sam Vaziri Vance, Inc., for the purchase of nitrile rubber gloves, by which Defendant agreed to deliver the gloves to Plaintiff in 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 ...

Excerpt: ...e projects. The borrowers on the property were two entities owned by Defendant Stephen Snyder. Plaintiff alleges Snyder was to use the money to refinance the existing mortgages on the Properties, renovate the Properties, and place the Properties back on the market. Defendants John C. Lukes, John R. Lukes, and Crown City Capital, Inc., served as mortgage-brokers. Plaintiff alleges Defendant John C. Lukes made knowingly false material misrepresenta...

Excerpt: ...sed on component parts Soligen supplied Eaton. The operative First Amended Complaint contained common count causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account. The action proceeded to jury trial on January 3, 2023. Following trial, the jury rendered a verdict in Plaintiff's favor in the amount of $212,981.00. (See 1/23/2023 Judgment.) Plaintiff now moves to recover its attorney's fees and costs pursua...

Excerpt: ... for the property at 4930 Coldwater Canyon Ave, Sherman Oaks, CA 91423, with Plaintiff as purchaser and Defendant as seller. Plaintiff alleges it has met all obligations to close escrow and has sent Defendant a Notice to Perform/Demand to Close the Escrow. Defendant, however, has not closed the Escrow. Plaintiff brings causes of action for (1) breach of written contract and (2) breach of the implied covenant of good faith and fair dealing. Defend...

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: ...