Excerpt: ... The operative First Amended Complaint alleges causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) violations of Bus. & Prof. Code § 17200, (4) intentional infliction of emotional distress, (5) fraud, (6) negligent misrepresentation, (7) concealment, (8) violation of the CLRA, (9) breach of contract, (10) negligence, (11) concealment, (12) breach of contract, and (13) violation of H...

Excerpt: ...nst defendants Emphacare Home Care Agency LLC and Borlie S. Wong, jointly and severally, for the total sum of <0052004700480003008600 0045000c000f00030044>nd $2,555,190.00 in assessments under Ins. Code § 1871.7(b). Plaintiff now moves for attorney fees and costs. The motion is made under Ins. Code § 1871.7(g)(2)(A), which states that the prevailing plaintiff in an action for workers' compensation insurance fraud “shall also receive an amount...

Excerpt: ...ng a declaration establishing his right to bring this action on behalf of the decedent; and 2) amend the complaint to add the heirs of the decedent, Vera Konovodov (wife), Vladimir Konovodov (son), Nadevhda Konovodov (son), and Galina Rotar (daughter). On 8/3/2017 Plaintiff filed the operative FAC, which named Vera Konovodov, Vladimir Konovodov, and Galina Rotar as nominal defendants. The FAC did not include the mandatory declaration required by ...

Excerpt: ...gence, and (7) unjust enrichment and restitution. Chase demurs to the FAC. No Duty – Chase demurs to all COAs on the ground that it owed no legal duty to Plaintiff. This has merit. In the original complaint, Plaintiff alleged that Defendants Guindy and Milestone converted Plaintiff's funds in a fraudulent bitcoin transaction. The funds had been wired with Plaintiff's approval to a Chase account held by Guindy and Milestone. Although Chase was n...

Excerpt: ...ponses to (1) form interrogatories general, set one, (2) form interrogatories employment, set one, and (3) special interrogatories, set one. Plaintiff was ordered to serve verified responses to the discovery without objections within 20 days of the ruling. Defendants have shown that Plaintiff failed to provide discovery responses and has not communicated with Defendants. Defendants filed this motion on 1/12/2018, and Plaintiff did not respond. De...

Excerpt: ...m interrogatories by Plaintiff Dominguez; 4) compel responses to form interrogatories by Plaintiff Gallardo; and 5) compel responses to form interrogatories by Plaintiff Ramirez. There is no opposition or other response by Plaintiffs. <0053004c00570048000300 005600030045005c0003>Ramirez and Gallardo that they would produce all documents, nothing was produced. The responses were insufficient and the motion is granted. See Code Civ. Proc. § 2031.3...

Excerpt: ... breach of written contract, (2) fraud, (3) negligent misrepresentation, (4) violation of Pen. Code § 496, and (5) accounting. Defendants demur and move to strike the FAC. Fraud Claims (2nd & 3rd COAs) – Defendants demur to the 2nd and 3rd COAs for fraud and negligent misrepresentation on the ground that Plaintiff has not pled the claims with particularity. The FAC alleges in pertinent part that in July 2013 Edgar Zalyan, independently and as ...

Excerpt: ...e operative FAC asserts causes of action for (1) shareholder derivative action; (2) breach of fiduciary duty; (3) fraud; (4) conversion; (5) accounting; (6) breach of contract; (7) constructive fraud; and (8) removal of corporate director/officer. In this action there is a cross-complaint for indemnity and declaratory relief against Plaintiff, and there are two related actions (BC608262 and BC613201) with additional claims among the parties. Defe...

Excerpt: ...e FAC. The 1st COA alleges elder abuse in violation of Welf. & Inst. Code § 15600 et seq. As pertinent to this motion, the FAC alleges that Plaintiffs' father Bernard was a long term resident of Sunray Healthcare Center, and Zarrabi was his primary care physician; on 6/16/2016 Bernard suffered a serious fall and head injury; Zarrabi's office was notified of the fall on 6/21/2016 and at 6:30 pm his staff issued an order to transfer Bernard to Oly...

Excerpt: ...monetary sanctions against PMMG and its attorney Craig Huber. Plaintiff's motion was filed on 5/3/2017 and set for hearing on 6/16/2017 with several other discovery motions. At the hearing on 6/16/2017 the court learned that PMMG had filed for bankruptcy, and the case was stayed as to PMMG. The motions were continued to 8/3/2017 to consider the scope of the stay, and on that date the court ruled on the discovery matters and stayed the entire acti...

Excerpt: ...bus collision, with cross-complaints between MTA and JG Demolition. The action has been consolidated with similar cases in BC498827. Plaintiffs have entered into a settlement with MTA and Traylor, who move for the court to determine the settlement to be in good faith. There is no opposition to the motion. Under CCP § 877.6, a good faith settlement discharges the settling defendant from liability for contribution or indemnity to any other joint t...

Excerpt: ...s) in damages; the parties also agreed that Plaintiff is the prevailing party, and attorney fees and costs will be resolved by motion. Plaintiff now moves for recovery of fees and costs under Civ. Code § 1794(d). In connection with the motion, Plaintiff requests judicial notice of court orders awarding fees; all RJNs are denied. <0056000f00030007001500 00030044005600030044> 50 percent fee multiplier enhancement, $3,500 for the reply brief on thi...

Excerpt: ...egligence, (2) interference with familial relations, (3) Monell liability, (4) medical malpractice, and (5) interference with prospective economic relations. Defendant County of Los Angeles (County) moves to strike the 1st, 2nd and 4th COAs pursuant to Code Civ. Proc. § 425.16, the “anti-SLAPP” statute. On 1/11/2018 the court sustained County's demurrer for the 2nd and 4th COAs without leave to amend, so the motion only concerns the 1st COA ...

Excerpt: ...ngful termination in violation of public policy, (2) FEHA age discrimination, (3) defamation, (4) failure to pay wages, (5) rest period and meal period pay, (6) violations of Bus. & Prof. Code § 17200, and (7) failure to furnish timely and accurate wage and hour statements. Plaintiff Wolfe moves to quash fourteen deposition subpoenas seeking employment, education, and licensing records: (1) Whittier Hospital Medical Center; (2) White Memorial Me...

Excerpt: ...ants demur to the FAC. Defendants demur to Plaintiff's claims for fraud and concealment 3rd and 4th COAs. They contend Plaintiff failed to plead the claims with particularity. For the 3rd COA, Defendants acknowledge that fraud is sufficiently pled against Defendant Beene and argue that there are insufficient allegations against the other Defendants. But Plaintiffs are pursuing the remaining Defendants on an alter-ego theory (which the court ruled...

Excerpt: ...mer Warranty Act, (6) violation of the Magnuson-Moss Act, (7) fraudulent inducement— concealment, (8) fraudulent inducement—intentional misrepresentation, and (9) fraudulent inducement—negligent misrepresentation. Defendant demurs to the fraud based claims in the 7th – 9th COAs and moves to strike the claim for punitive damages. In connection with the motion, Defendant requests judicial notice of pleadings in this action; the RJN is grant...

Excerpt: ... both to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.” Under this provision, “frivolous” means “(A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party.” Code Civ. Proc. § 128.5(b)(2); San Diegans for <004f001100240053005300 0019000f00030014001...

Excerpt: ... operative Second Amended Complaint asserts four causes of action to set aside fraudulent transfers of real and personal property in violation of the Uniform Voidable Transactions Act, Civ. Code §§ 3439, et seq. Defendants demur to all causes of action on the ground that Plaintiff cannot establish a “right to payment” that is essential to recovery under Civ. Code § 3439.01(b). Defendants contend that until an allocation order was issued po...

Excerpt: ... numerous categories of personnel and investigation records. The court granted Plaintiff's motion for No. 46, IA Investigation CF 16 000538 concerning the investigation of Plaintiff's discrimination claims. The court gave Plaintiff leave to file a supplemental declaration for Nos. 24-26, overtime records for Kim, Roussell and Mejia while employed in a pilot position. Plaintiff has filed a supplemental declaration which withdraws his request for t...

Excerpt: ...es of action for (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) unjust enrichment, (4) involuntary dissolution, (5) accounting, (6) breach of contract, (7) unjust enrichment, and (8) conversion. Defendants Underwood and Stone demur and move to strike the FAC. Fiduciary Duty (1st & 2nd COAs) – Defendants demur to the 1st and 2nd COAs on the ground that Plaintiff has not alleged sufficient facts to hold Stone ...

Excerpt: ...ants demur to the 1 st COA for IIED. The elements of intentional infliction of emotional distress are: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” See C...

Excerpt: ... Emergent Indonesia Opportunity Fund, Emergent Capital Management LP, Emergent Capital Partners LLC, Big Sky Venture Capital V LLC, Emergent Indonesia Logistics Fund LP, and Emergent Asia Capital Management. The operative first amended complaint asserts causes of action for (1) fraud, (2) negligent misrepresentation, (3) breach of fiduciary duty, (4) constructive fraud, and (5) breach of contract. Michael Schwab, Big Sky Venture Capital III LLC, ...

Excerpt: ...dispute concerning an independent contractor agreement through which Plaintiffs claim the right of first refusal to act as the project manager for construction projects. The operative second amended complaint asserts a single cause of action for breach of contract. MSMU filed a cross-complaint against M&M, Wells, and Barbara Tell (MSMU's former director of facilities), asserting causes of action for breach of contract, fraud, and breach of fiduci...

Excerpt: ...ct to Plaintiff's evidence. Objections 2, 3, 5, 14, 18, and 21 are sustained; all others are overruled. Motion – The complaint alleges that Plaintiff entered into a contract with Cavalini to sell women's jeans; after delivery of the apparel, Cavalini stopped payment on its check; Defendants have refused any payment to Plaintiff; and Plaintiff seeks recovery of the contract price from Cavalini and damages for fraud from both defendants. Plaintif...

Excerpt: ...laratory relief, (3) breach of contract, (4) common counts, (5) foreclosure of personal property collateral, and (6) conversion. Defendant Whittier Enterprises, demurs the fourth, fifth, and sixth causes of action (all claims pled against it) for failure to state sufficient facts. In connection with the demurrer, Whittier requests judicial notice of a UCC financing statement recorded with the Secretary of State; the RJN is granted. The complaint ...