Excerpt: ...areholder 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: ...aintiff. The alleged contract between Plaintiff and Hen Haven required that Hen Haven deliver all eggs produced at its farm to Plaintiff. Plaintiff alleges that Hen Haven, however, has sold some eggs to Defendant Michael Foods. Plaintiff now brings causes of action against Defendant Michael Foods for (1) inducing breach of contract, (2) intentional interference with contractual relations, (3) intentional interference with economic advantage, and ...

Excerpt: ...fendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On July 8, 2022, the court entered Defendant's default. On January 20, 2023, this court entered a default judgment against Defendant in the total amount of $69,686.71. Defendant now moves to set aside the default, default judgment, and vacate the abstract of judgment. Plaintiff does not oppose. TENTATIVE RULING Defendant's Motion to Set ...

Excerpt: ...BNY Mellon, N.A. (“BNY”), as Administrator CTA (“Administrator”) for the Estate of Matthew T. Mellon, II (the “Estate”). Plaintiff alleges she had a romantic relationship with the deceased Matthew T. Mellon, II, an heir of the Mellon family. Plaintiff alleges Mellon promised an investment in her fashion design business during his life. Following Mellon's death, Plaintiff filed a creditor's claim in the probate proceeding to recover sa...

Excerpt: ...property and 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 and now asserts one cause of action for specific performance. Defendant Prestige Default Services, LLC, now demurrers to the sole cause of action in the Complaint. Plaintiff opposed. TENTAT...

Excerpt: ...0 W. Pacific Coast Highway, Long Beach, California 90810. Plaintiff alleges Defendants made material misrepresentations in order to induce Plaintiff to enter into the lease. Plaintiff brings causes of action for (1) fraud, (2) false promise, (3) constructive trust, (4) negligent misrepresentation, (5) Unfair Business Practices, and (6) declaratory relief. Defendant S&S 126 Investment, LLC, has Cross-Complained against Tithe20, LLC, for (1) breach...

Excerpt: ...a written lease. Plaintiff alleges that after entering escrow to sell the unit to a third party, Defendant refused to allow a reasonable inspection of the premises. Plaintiff brought this action for (1) Enforcement of Inspection Rights per Civil Code section 1954, (2) declaratory relief, and (3) breach of contract. The case is related to Joshua Gafni v. Michael Reyes, LASC Case no. 22STCV34223. There, Gafni, as Plaintiff, alleges his unit suffere...

Excerpt: ...e 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, (5) breach of fiduciary duty, and (6) unjust enrichment. Plaintiffs now move for an order lifting ...

Excerpt: ...ely alleged a cause of action seeking civil penalties for wage violations under PAGA. On August 4, 2021, Plaintiff dismissed various causes of action from the First Amended Complaint, leaving only the PAGA claim. Thereafter, Plaintiff filed a complaint in arbitration. On March 13, 2023, the parties stipulated to stay litigation of the remaining PAGA claim pending completion of arbitration. Plaintiff now moves this court for an order to (1) lift t...

Excerpt: ...enant 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 following: In 2016, Defendant ABC (which owns Disney Junio...

Excerpt: ...ffered complications immediately after the operation that necessitated emergency treatment. Plaintiffs bring causes of action against Defendant for (1) negligence, (2) breach of bailment, (3) trespass to chattel, and (4) intentional infliction of emotional distress. Defendant now moves to strike portions of Plaintiffs' Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED. No leave to amend is to be granted at t...

Excerpt: ...ustees of the Peter R. Katz and Teresa M. Katz 1998 Family Trust dated June 9, 1998. Plaintiffs hold an undivided 50% interest in three real property lots at North Laurel Canyon Boulevard—Plaintiff Zoe Lynn Katz owns the other 50%. The lots contain two single family residences. Plaintiffs bring this action against Defendant City of Los Angeles and the Los Angeles Department of Building and Public Safety. Plaintiffs allege the City has wrongfull...

Excerpt: ...reed 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 or returned the $825,000.00. ...

Excerpt: ...or Defendants as an Accounts Manager until he was 50 years old, alleges Defendants terminated his employment while on medical leave. Plaintiff alleges his termination occurred due to his age and/or medical leave. 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. The action is stayed pending the res...

Excerpt: ...led a notice of settlement. Plaintiff now moves to recover reasonable attorney's fees and costs. Defendant Mercedes Benz opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $25,800.00. No multiplier is awarded. Plaintiff is also awarded full costs in the amount of $1,564.32. Hence a total amount of $27,364.32 is awarded as reasonable attorney's fees and costs to the Plaintiff. Moving party t...

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: ...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: ...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...