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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... to strike the complaint. Defendants demur to both causes of action on the ground that they are barred by the statute of limitations for legal malpractice under Code Civ. Proc. § 340.6(a). Under Section 340.6(a), a cause of action for legal malpractice must be filed “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four year...

Excerpt: ...auch, and Lennie Mefferd (LAPC Defendants) move to compel Plaintiff to provide further responses to their request for production, set one, and special interrogatories, set two. The court ordered Plaintiff to respond to the discovery on 7/24/2017, and LAPC Defendants contend Plaintiff's responses were not code compliant, and were incomplete and evasive. The motions are moot, because Plaintiff served supplemental responses to both sets of discovery...

Excerpt: ...on Jackson and John Smith to appear for deposition testimony. Both motions are denied. All grounds argued by Russell, Jackson and Smith, and Defendant AUHS have merit, but only one ground needs to be discussed: Plaintiffs' motions are not timely. On 8/1/2017 the court continued trial from 11/27/2017 to 2/26/2018 and only extended the cutoff dates for expert discovery. Plaintiffs filed these motions on 12/1/2017, which was well after the 11/13/201...

Excerpt: ...ontract, money lent, and related claims. Ricardo Antunez filed a cross-complaint against Plaintiff Vazquez, asserting causes of action for cancellation of instrument and financial elder abuse. The dispute concerns the parties' claims against real property. Daisy Zapata-Antunez, Luz Antunez-Castillo and Edward Antunez (Moving Parties) move to 1) substitute themselves as cross-complainants in place of Ricardo Antunez, and 2) file an amended cross-c...

Excerpt: ...the Estate of Roy LaGreca Jr. Defendant Marc La Greca now demurs on the ground that the complaint does not allege facts supporting a cause of action against him. Defendant has shown that the complaint fails to allege any facts supporting a cause of action against him. Plaintiff has not responded to the demurrer. The demurrer is sustained. Because Plaintiff has failed to respond or show how he may amend the complaint to state a viable cause of act...

Excerpt: ...Defendants have shown that Plaintiff issued the subpoena on 12/1/2017, and it directed BofA to produce documents on 12/28/2017. This occurred after the 11/13/2017 discovery cut-off date, based upon the 12/11/2017 trial date. Under Code Civ. Proc. § 2024.020(a), the subpoena was untimely and invalid. On 12/11/2017 the court continued the trial date, but the related cutoff dates were not extended. So Plaintiff's subpoena to BofA was untimely when ...

Excerpt: ...f damages relating to a sales commission for the sale of vacant property located in Cabazon to the Morongo Band of Mission Indians, and his complaint asserts causes of action against all defendants for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) unfair business practices. Defendants YK America and Lu move for summary judgment or adjudication. OBJECTIONS Defendants object to the Cope declaration: ¶10, ln. 21-2 and ¶11 ln. 2...

Excerpt: ...rovide further responses to Requests for Production of Documents Nos. 40-58 and 113-119. As part of the ruling, monetary sanctions in the amount of $3,060 were ordered against PMMG and its attorney David Miller of the Liberty Bell Law Group. Miller was PMMG's attorney of record at the time of the discovery violation, although he had substituted out of the case on 12/12/2016, before the hearing. Miller now moves to set aside the sanctions award ag...

Excerpt: ...v. Proc. § 425.16, the “anti-SLAPP” statute. In connection with the motion, Defendant requests judicial notice of court records; all RJNs are granted. Anti-SLAPP Standards – An anti-SLAPP motion involves a two-step process: 1) the defendant must establish that the challenged causes of action arise from protected activity; and 2) if the defendant makes this showing, the burden shifts to the plaintiff to establish a probability of success on...

Excerpt: ...as the project manager for construction projects. The operative third amended complaint asserts causes of action for breach of contract and concealment. Defendant filed a cross-complaint against M&M and Wells, asserting causes of action for breach of contract, fraud, and breach of fiduciary duty. Defendant now makes four motions to compel further responses to discovery. RFAs – Defendant moves to compel further responses to its Requests for Admi...

Excerpt: ...2004900030044>ction for (1) fraud and theft, (2) treble damages pursuant to Pen. Code § 496(c), and (3) breach of fiduciary duty. Huntington Escrow demurs to all causes of action, and its moving papers show that Plaintiff has failed to allege facts supporting a legal basis for recovery. Plaintiff has not filed any opposition. The demurrer is sustained on all grounds. Because it does not appear that Huntington Escrow owed a legal duty to Plaintif...

Excerpt: ...plaint against Grovewood and Michael Dubelko, who is alleged to be the president or managing member of Grovewood. Grovewood moves for an order compelling Legendary Builders to respond to its request for production, set two, and special interrogatories, set two. In its opposition, Legendary Builders has shown that it served supplemental responses to the discovery on 1/3/2018, after the motion was filed. The motion is therefore moot. While the cour...

Excerpt: ...ty Secure Aviation Solutions LLC, which Plaintiff owns and manages. The subpoena requests various documents relating to Plaintiff's income from SAS; SAS and Plaintiff objected <000300530055004c005900 00480051004700440051>t has modified the subpoena to reduce the time frame; and SAS and Plaintiff produced some documents in response. It appears the parties are still disputing entitlement to financial, banking and tax documents for SAS. Plaintiff an...

Excerpt: ... Consumer Warranty Act, and (6) violation of the Magnuson-Moss Act. Defendant moves for entry of a protective order as to confidential, proprietary, or trade secret information pursuant to CCP § 2031.060(b)(5). Good cause must be shown for the protective order, and the issuance and formulation of the protective order is in the court's discretion. See Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 106-7; Raymond Handling <004f00110...

Excerpt: ...abor performed on the condominium. Plaintiff moves for leave to file a first amended complaint. The FAC would allege a 3rd COA for foreclosure of mechanic's lien and amend the claim for damages to be consistent. Plaintiff contends that he did not realize there existed a cause of action for foreclosure on mechanic's lien and therefore did not inform his counsel of the existence of the lien until November 2017. Defendant opposes the motion, arguing...

Excerpt: ... (6) constructive fraud, (7) breach of fiduciary duty, (8) partition, (9) specific performance, (10) injunctive relief, (11) promissory estoppel, (12) equitable estoppel, (13) unjust enrichment, (14) quiet title, and (15) declaratory judgment. Plaintiff alleges that she and Defendant were in an unmarried relationship for 24 years; they had children together; they agreed to purchase and construct a home for their family; they each contributed fund...

Excerpt: ... and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian's Motion to Compel Further Responses to SIs and RFAs – Matevosian moves to compel further responses to special interrogatories, set one, and request for admissions, set one. Ka...

Excerpt: ...ach request with various objections, but agreed to produce documents. No documents have been produced for RPDs 1-6, 8-22, and 29-31. Defendants argue that no document production is required because the requests are irrelevant to the remaining issues in the action. In reply Plaintiffs argue that Defendants' arguments are irrelevant, because the motion merely seeks to compel compliance with Defendants' written response that documents would be produ...

Excerpt: ...d, (4) open book account, and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian Motion to Compel Further Responses to RPDs – Matevosian moves to compel further responses to his requests for production, set one. Matevosian argues th...

Excerpt: ...iring, training, and supervision. Defendant Edwin's Towing moves for summary judgment or summary adjudication. Evidence – Plaintiff objects to portions of the Gonzalez declaration; all objections are overruled. Negligence (1st COA) – Plaintiff's 1st COA is for negligence, alleging that Defendant owed Plaintiff a duty to provide adequate and safe towing services, which was breached when Defendant's employee Wilson physically attacked Plaintiff...

Excerpt: ...ise, and concealment. Defendants Phil Hiroshima, Curtis Church, Ricardo Graham, Kenneth Fraser, Mt. View Seventh- day Adventist Church, and Mt. View Japanese Seventh-day Adventist Church demur and move to strike the FAC, arguing that Plaintiff's fraud allegations are uncertain and not particularly pled. There is no opposition. The Demurrer is sustained, as it is difficult to follow the allegations and they are not pled with particularity as t...

Excerpt: ...mended Complaint alleges causes of action for (1) negligence, (2) interference with familial relations, (3) Monell liability, (4) medical malpractice, and (5) interference with prospective economic relations. Defendant County of Los Angeles (County) demurs and moves to strike the SAC. Negligence – County demurs to the 1st COA for negligence on the ground that it is immune from liability for a common law claim, and Plaintiffs have alleged no fac...

Excerpt: ...d, (4) open book account, and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian Motion to Compel Further Responses to RPDs – Matevosian moves to compel further responses to his requests for production, set one. Matevosian argues th...

Excerpt: ...e sufficient facts, and they move to strike portions of the complaint as irrelevant and improper. The demurrer is sustained and the motion to strike is granted on all grounds asserted by Defendants. The complaint is entirely unclear, does not allege facts supporting viable claims, and contains irrelevant and improper matter. Plaintiff is given 20 days to file an amended complaint. ...

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: ...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 ...

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: ...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...