Excerpt: ... Compton Avenue Elementary Steam Academy, Plaintiff was injured during a student altercation that occurred in the classroom, which resulted in injuries to Plaintiff's back and placement on medical leave for two years. Complaint at ¶¶ 8-9. Prior to returning to work, Plaintiff's doctor placed three work- related restrictions on her:d: “no repetitive kneeling, bending, or crawling; a short rest for every hour Plaintiff was entirely on her feet;...

Excerpt: ...rdings (“the 2011 Litigation”). Boladian alleges that the 2011 litigation was false, malicious and lacked probable cause. In addition, Boladian alleges that Clinton made certain defamatory statements about Boladian, including in Clinton's 2015 autobiography and in a 2013 an interview with WXYZ in Detroit, in which Clinton falsely claimed that Boladian did not pay royalties to Clinton and to “hundreds” of other people (Complaint ¶ 78). As...

Excerpt: ...nal Negligence (Failure to Disclose/Explain Stipulated Judgment) Benudiz alleges that Soroky represented three individuals, including Benudiz, who were sued for fraud. Benudiz was sued in that lawsuit as a real estate agent. The other individual defendants in that action provided Soroky as the attorney for the group. In late 2020, pursuant to a stipulated judgment which was entered in April 2001, the plaintiff in that underlying action, Joseph Mi...

Excerpt: ...7, Plaintiff filed a Complaint, and on March 24, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) retaliation for exercising rights under the Labor Code §98.6; (2) retaliation and wrongful termination in violation of the Health and Safety Code §1278.5; (3) retaliation and wrongful termination in violation of the Labor Code §6310; (4) retaliation and wrongful termination in violation o...

Excerpt: .../A 5: Account Stated C/A 6: Money Had and Received C/A 7: Money Paid C/A 8: Quantum Meruit C/A 9: On Contractor's Bond Plaintiff is a general contractor. Plaintiff alleges that it provided services to Defendants regarding the remodel of two bathrooms at 11119 Camarillo Street, North Hollywood, California (the “Camarillo Project”) and the installation of flooring at 10815 Molony Drive, Culver City California (the “Molony Project”). On Augu...

Excerpt: ...son in August 2016. His position in Kentucky was replaced by a person around 30 years old. Plaintiff alleges that he performed his job well and received positive evaluations and pay increases. He was given notice that he was being replaced on July 30, 2019. His last day of employment was September 30, 2019. He was 55 years old at the time of his termination and was replaced by someone who was approximately 30 years old. Plaintiff alleges that oth...

Excerpt: ... Absolute. Plaintiff argues that Absolute produced Bryan Colindres as its PMQ for deposition on August 18, 2021. However, Colindres testified that he did not have sufficient knowledge of many of the categories in Plaintiff's PMQ deposition notice. On November 10, 2021, Defendants filed an opposition to the motion, arguing that Defendants have cooperatively worked with Plaintiff's counsel to coordinate a deposition such that there is no need for t...

Excerpt: ...ction clause contained in the express warranty for the vehicle—i.e., that the exclusive jurisdiction for deciding legal disputes related to the alleged breach of express warranties would be decided in Indiana. On November 3, 2021, Plaintiff filed an opposition, arguing that the forum selection clause is void and unlawful because it seeks to waive non-waivable statutory rights under the Song- Beverly Act. On November 17, 2021, Defendant filed a ...

Excerpt: ...t the statute of limitations barred Plaintiff's claims and that Plaintiff failed to allege his fraud claims with reasonable particularity. The court sustained the demurrer as to all causes of action with leave to amend. In the operative first amended complaint (“FAC”), Plaintiff alleges the following causes of action against Defendants: 1) Breach of Express Warranty – Violation of Song-Beverly Act; 2) Breach of Implied Warranty – Violatio...

Excerpt: ...s to Holt, who was the president of Five Star. Holt/Five Star were investment advisers and brokers of financial instruments. Holt offered her investment adviser and stockbroker services to Plaintiffs, and they agreed to entrust her with their retirement funds. Holt absconded with Plaintiffs' money. She was also criminally indicted, alleged to have done the same with funds given to her by other investors who were misled into believing she invested...

Excerpt: ... Fair Dealing C/A 3: Unlawful Discrimination based on Disparate Treatment C/A 4: Retaliation in Violation of FEHA C/A 5: Gender Discrimination (FEHA) C/A 6: Gender Harassment (FEHA) C/A 7: Retaliation in Violation of FEHA C/A 8: Failure to Prevent Discrimination/Harassment/Retaliation under FEHA C/A 9: Violation of Whistleblower Statute (Labor Code § 1102.5) C/A 10: Negligent Retention C/A 11: Wrongful Harassment in Violation of Public Policy C/...

Excerpt: ...accommodation, seniority accrual, pay, and promotions. Plaintiffs are current and former “casual”—i.e., non-union—dockworkers at the Los Angeles and Long Beach Ports (“LA/LB Port”). Plaintiffs allege claims under the Fair Employment and Housing Act (“FEHA”) based on three primary categories:  First, Plaintiffs allege that Defendants do not provide reasonable accommodations for pregnant casuals, such that pregnant casuals cannot...

Excerpt: ...ept, Inc., related to multiple watch transactions, alleging two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three counts of breach of contract, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, unfair competition, and violation of Penal Code section 496. Plaintiff is a collector of expensive and rare watches. Grochowiak is a broker/dealer of expensive and rare...

Excerpt: ...x at 1506 W. 11th Place, Los Angeles, CA 90015. Plaintiffs allege they notified Defendants about the dangerous conditions in the unit that needed to be fixed, including holes in the bathroom wall; roach infestation; lack of driveway; lack of heating, gas, and smoke or carbon monoxide detector; and a leak in the upstairs closet. Plaintiffs also notified Defendants about the duplex being an illegal duplex and how the unit had no electricity of its ...

Excerpt: ...of the Fair Employment and Housing Act (“FEHA”), violations of the Labor Code, and wrongful termination. Plaintiff was employed by one or more of the entity Defendants. The individual Defendants were Plaintiff's supervisors, managers, and/or managing agents of the entity Defendants. Plaintiff alleges that he was employed by Defendants (collectively, jointly and severally) in 2016 as a cement finisher. He suffered a workplace injury in March 2...

Excerpt: ...y him a $2,000,000 tax-free benefit upon their deaths. In 2016, the Policy went into default and, despite Behfarin's efforts to cure the default, the carrier, Pruco Life Insurance Company (“Pruco”), refused to reinstate the Policy. Behfarin then hired Plaintiff to assist Behfarin in attempting to have the Policy reinstated. Plaintiff alleges that Behfarin and Plaintiff initially entered into a contract (the “Hourly Agreement”) under which...

Excerpt: ... rest periods or compensation in lieu thereof, failing to provide meal periods or compensation in lieu thereof, failing to pay wages at separation, failing to keep accurate payroll records and provide accurate itemized paystubs, and failing to reimburse for necessary business expenditures. On March 23, 2020, Plaintiff Rhoden filed a representative action for civil penalties against Defendant, alleging the following causes of action: (1) Violation...

Excerpt: ...pt, Inc., related to multiple watch transactions, alleging two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three counts of breach of contract, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, unfair competition, and violation of Penal Code section 496. Plaintiff is a collector of expensive and rare watches. Grochowiak is a broker/dealer of expensive and rare ...

Excerpt: ...f the Fair Employment and Housing Act (“FEHA”), violations of the Labor Code, and wrongful termination. Plaintiff was employed by one or more of the entity Defendants. The individual Defendants were Plaintiff's supervisors, managers, and/or managing agents of the entity Defendants. Plaintiff alleges that he was employed by Defendants (collectively, jointly and severally) in 2016 as a cement finisher. He suffered a workplace injury in March 20...

Excerpt: ...laintiff brings this action against Defendants Cojecto and its owners David Martinez (“David”) and Carlos Martinez (“Carlos”) (collectively “Defendants”) for breaching Cojecto's obligations under the MSA and Work Order and making false representations with regards to its capacity to handle CMI's order load. On January 26, 2021, Plaintiff filed a Complaint, and on March 16, 2021, a First Amended Complaint (“FAC”) against Defendants...

Excerpt: ...lied covenant of good faith and fair dealing, (3) failure to pay wages, (4) violation of Labor Code §§ 201‐203, (5) retaliation, (6) unfair business practices, (7) conversion, (8) fraud, (9) wrongful termination, (10) violation of Labor Code § 970, and (11) violation of Labor Code § 1198.5. Plaintiff alleges that Plaintiff was fraudulently induced to move to Los Angeles from Dubai to work for Defendants. Plaintiff was prepared to take a pos...

Excerpt: ...ange for payment. On February 28, 2019, a fee dispute arose. Plaintiff is suing for the balance due ($89,233.89 as of February 28, 2019) plus interest. The Agreement contains an arbitration clause. On June 24, 2021, Plaintiff filed the instant motion to compel arbitration and to stay the action pending resolution of the arbitration. On July 25, 2021, Defendants filed an opposition. They argue (1) the arbitration agreement is unenforceable as agai...

Excerpt: ...iff filed this action's complaint (“Complaint”) and on June 26, 2020, filed this action's First Amended Complaint (“FAC”) against Defendants, asserting the following causes of action for: 1) Breach of Lease Agreement; 2) Breach of Implied Covenant of Habitability; 3) Constructive Eviction; and 4) Negligence. On November 2, 2020, Defendants served Plaintiff with their Requests for Admissions, Set One, (“RFAs”), along with other written...

Excerpt: ...of the Automobile Club (“Respondent”) is Plaintiff's insurer. On November 8, 2018, Respondent served Claimant with a demand for an Independent Medical Examination (“IME”) with Dr. Frederic G. Nicola scheduled for January 10, 2019 (“First Noticed IME”). (Declaration of Kimberley Maxwell (“Maxwell Decl.”), Exh. A (for of the First Noticed IME).) In the following years, the parties rescheduled the date of the First Notice IME and in ...

Excerpt: ...ry Duty; 6. Conversion; 7. Accounting; 8. Money Had and Received; 9. Constructive Trust; and 10. Aiding and Abetting Breach of Fiduciary Duty. This suit arises from the named defendants' alleged theft and embezzlement of assets from Plaintiffs. Default was entered against Dongjin Shin on September 29, 2020. On May 7, 2021, Tongin Shin (erroneously sued as Dongjin Shin) filed the instant Motion to Set Aside Entry of Default and to Quash Service of...

Excerpt: ...int against Defendants for damages based on the following causes of actions: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act – Civ. Code section 1793.2; (4) Fraudulent Inducement – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On January 8, 2020, the Court ruled as follows on KIA's demurrer: (1)...

Excerpt: ...riefs regarding the issue of Plaintiff's request for jury trial. Having considered the parties' briefs and oral arguments, the Court rules as follows. Standard for Determining a Right to Jury Trial In California State Court “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution.” (Shaw v. Superior Court (2017) 2 Cal.5th 983, 984.) “California's constitutional ju...

Excerpt: ...causes of action for: 1) Violation of Civ. Code section 1793.2(d);¿ 2) Violation of Civ. Code section 1793.2(b);¿ 3) Violation of Civ. Code section 1793(a)(3);¿ 4) Breach of Express Warranty (Civ. Code §§ 1791.2(a); 1794);¿ 5) Breach of Implied Warranty (Civ. Code §§ 1791.1; 1794); and¿ 6) Fraud by Omission. On August 6, 2021, Defendant filed the instant Motion for summary judgment, or, in the alternative, summary adjudication, as to all...

Excerpt: ...aintiff filed the pending Motion for Joinder of Veronica Butler as Co‐Defendant. The Court considered the moving, opposition, and reply papers and rules as follows. Motion for Joinder Standard Compel Joinder of Necessary Parties In civil litigation generally, the question whether a person must be joined as a party to a suit is governed by the compulsory joinder statute, section 389 of the Code of Civil Procedure (“Code Civ. Proc.”). “A pe...

Excerpt: ... Intentional Infliction Of Emotional Distress 7) Quiet Title Trial for the instant action began on September 7, 2021 and continued through September 20, 2021. On September 17, 2020, Plaintiff filed the pending Motion For Order Striking The Answers Of Defendants Norman And Betty Merino, And Entering Their Defaults, against Defendants Norman and Betty Merino (collectively, the “Defendants”). The pending motion is based on Plaintiff's contention...

Excerpt: ...day Inn Express (“Divine”) (erroneously sued as Holiday Inn Express and Divine Hotels d/b/a Holiday Inn), Tina Chen (“Chen”), Shanena Shakes (“Shakes”), and Mauricio Martinez (“Martinez”), alleging causes of action for (1) violation of the FEHA; (2) failure to provide reasonable accommodation in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; (4) failure to prevent discrimination, ...

Excerpt: ...s the “Seller-Creditor” on the retail installment sale contract. (Defendant's Motion, Schuler Decl., ¶ 2; Id., Ex. A, (Retail Installment Sale Contract).) Plaintiff alleges that the Subject Vehicle exhibited persistent engine oil defects and that despite repeated attempts at repair, the engine oil defect remained unresolved. On November 14, 2018, Plaintiff filed this action's complaint (“Complaint”) against defendant Volvo USA, LLC (“D...

Excerpt: ... L. Mohajer-Jasbi, AF Properties 2015 LLC, and Scotty's Coin Op Laundry, Inc. as Defendants. The Third Amended Complaint sets forth eleven claims against Defendants based on various tort, contractual, and statutory theories. The tenth cause of action in the Third Amended Complaint for fraudulent transfer was newly added, and is brought against Defendants Mahvash May Rahmanian, Sina Mohajer-Jasbi, Roya L. Mohajer-Jasbi, based on an allegedly fraud...

Excerpt: ...oya L. Mohajer-Jasbi, AF Properties 2015 LLC, and Scotty's Coin Op Laundry, Inc. as Defendants. The Third Amended Complaint sets forth eleven claims against Defendants based on various tort, contractual, and statutory theories. The tenth cause of action in the Third Amended Complaint for fraudulent transfer was newly added, and is brought against Defendants Mahvash May Rahmanian, Sina Mohajer-Jasbi, Roya L. Mohajer-Jasbi, based on an allegedly fr...

Excerpt: ...rest periods or compensation in lieu thereof, failing to provide meal periods or compensation in lieu thereof, failing to pay wages at separation, failing to keep accurate payroll records and provide accurate itemized paystubs, and failing to reimburse for necessary business expenditures. On March 23, 2020, Plaintiff Rhoden filed a representative action for civil penalties against Defendant, alleging the following causes of action: (1) Violation ...

Excerpt: ...metal pole while he was at school and suffered injuries as a result. On August 20, 2021, Defendant filed the instant Motion to compel Plaintiff's mental examination. Motion to Compel Mental Examination Standard A court order is required to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).)�...

Excerpt: ...t alleges in pertinent part as follows. In 2006, Plaintiff received a 5% ownership interest in Verdugo. (Compl., ¶ 8.) In March 2006, Verdugo purchased real property located at 303 W. Verdugo Avenue, Burbank, CA 91502 (the “Property”). (Compl., ¶ 9.) In 2008, Verdugo constructed a 20-unit condominium complex (the “Units”) at the Property. (Compl., ¶ 10.) Following the completion of the Units, the members of Verdugo met and agreed that ...

Excerpt: ...“FAC”) alleging causes of action for (1) discrimination on the basis of age, (2) wrongful termination, (3) failure to prevent discrimination, (4) failure to pay all wages, (5) breach of contract, (6) breach of the implied covenant of good faith and fair dealing, (7) failure to provide accurate itemized wage statements, (8) failure to pay all wages upon termination, (9) failure to produce payroll records, and (10) unfair competition.¿¿ ¿ On...

Excerpt: ... and (4) Money Had and Received. The following facts are alleged in the operative first amended complaint (“FAC”): Plaintiff employed Defendant Behrouz Messian from 1999 until 2002, and he was listed as an authorized signatory for Plaintiff's Wells Fargo bank account. FAC ¶ 7. On June 29, 2020, Plaintiff received a loan from the U.S. Small Business Administration in the amount of $149,900, and this loan was deposited into Plaintiff's Wells F...

Excerpt: ... Zall family. Plaintiff also alleges that the 5 members of the Zall family are liable for the representations made to it for the benefit of Vortex. The alleged misrepresentations include misrepresenting Vortex's employment and income information in order to obtain worker's compensation insurance coverage from Zenith. The Zall family purportedly dissolved Vortex and created a new identical business entity, Indigo Construction Corp. (“Indigo”),...

Excerpt: ...er to defraud him into selling his shares in Sierra for millions less than their worth. Plaintiff alleges that Defendants collectively concealed the fact that they conducted an appraisal of Sierra and were in negotiations with Al Fakher to sell the company, which was valued at a significantly higher amount than what was presented to Plaintiff. On February 7, 2020, Plaintiff filed a Complaint against Defendants for the following causes of action: ...

Excerpt: ...Duty; (3) Negligence; (4) Unfair Business Practice; and (5) Unauthorized Practice of Law. On April 29, 2021, the Court sustained Defendants' demurrers and denied the motions to strike as moot. The Court also granted Plaintiffs leave to amend. On May 21, 2021, Plaintiffs filed their First Amended Complaint (“FAC”) against Defendants for: (1) Unfair Business Practice; (2) Unauthorized Practice of Law; (3) Tortious Interference with Contract; an...

Excerpt: ...on for: 1. Violation Of Subdivision (D) Of Civil Code Section 1793.2; 2. Violation Of Subdivision (B) Of Civil Code Section 1793.2; 3. Violation Of Subdivision (A)(3) Of Civil Code Section 1793.2; 4. Breach Of Express Written Warranty (Civil Code, §§ 1791.2(A); and 1794); 5. Breach Of The Implied Warranty Of Merchantability (Civil Code, §§ 1791.1; 1794; And 1795.5); and 6. Fraudulent Inducement On July 1, 2021, Defendant KA filed the pending ...

Excerpt: ...y (“WCEC”), and Kathee Wilson (“Wilson”) asserting causes of action for: 1. Breach of Written Contract 2. Breach of Fiduciary Duties 3. Quiet Title 4. Fraudulent Misrepresentation 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Reformation of Grant Deed 7. Declaratory Relief. The SAC states in pertinent part as follows. Plaintiff is the owner of the real property identified as Assessor's Parcel No. 4462‐005‐025 (“Par...

Excerpt: ...ed in 2020 that she was denied promotions and transfers by Murakami in 2013 and 2014 allegedly based upon her race. Plaintiff further alleges that she was continuously subjected to discrimination, harassment, and retaliation based on her race. On December 23, 2020, Plaintiff filed a Complaint, and on March 18, 2021, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) FEHA Discrimination –...

Excerpt: ...ust; (10) Removal of Managing Member; (11) Writ of Mandate; (12) Accounting; (13) Injunctive Relief; (14) Declaratory Relief; (15) Breach of the Implied Covenant of Good Faith and Fair Dealing; (16) Account Stated; and (17) Unethical Business Practices. On August 3, 2020, Plaintiffs served Defendants with the First Set of Request for Admissions (“RFA”) containing 78 requests for admission, to which Defendants did not respond. On November 2, 2...

Excerpt: ...and final retention due and owing for the LA Plaza Project. In response, Bede brings a cross-claim against RM Glass alleging that RM Glass's performance on the project and two other concurrent projects was gravely deficient and that Bede was forced to complete the three projects on its own to salvage them. On November 22, 2019, RM Glass filed a Complaint against Bede, and on June 29, 2020, the operative First Amended Complaint (“FAC”) for the...

Excerpt: ...t Sexual Harassment; (5) Constructive Wrongful Termination; (6) Intentional Infliction of Emotional Distress; and (7) Negligent Hiring, Retention, and Supervision. On October 14, 2020, Defendant The Los Angeles Kings Hockey Club, L.P (“LA Kings”) filed the instant Motion to Strike Plaintiff's use of a pseudonym in her Complaint, and on October 15 and 26, 2020, the remaining Defendants filed Joinders to the Motion. The Court considered the mov...

Excerpt: ..., dehydration, multiple urinary tract infections, elevated blood sugar, pneumonia, and severe sepsis, leading to her death. On June 15, 2020, Plaintiff filed a complaint against Defendants for (1) elder abuse and (2) negligent hiring and supervision. On September 18, 2020, Plaintiff filed the instant motion for summary adjudication of issues against Defendant Oxnard Manor GP, LLC (“Defendant”). Defendant filed a notice of non- opposition on D...

Excerpt: ...3 to January of 2020. (FAC ¶ 9.) Plaintiff brings this action in her representative capacity on behalf of the State of California and on behalf of all Defendants' current and former non-exempt employees employed in California between April 6, 2019 and present. (FAC ¶ 10.) On May 5, 2020, Plaintiff filed a complaint and on September 15, 2020, the FAC for: 1. Violations of the California Private Attorney General Act at Labor Code §§ 28698 et se...

Excerpt: ...er 28, 2018, a First Amended Complaint was filed in which Plaintiff added additional plaintiff, Asia Dohovich, a minor by and through Guardian Ad Litem, Asher Mead Dohovich. On January 16, 2019, the court granted Defendants' motion to strike portions of the First Amended Complaint with leave to amend. On February 20, 2019, Plaintiffs filed the operative Second Amended Complaint, in which Plaintiffs allege the following causes of action against De...

Excerpt: ...n; 2) breach of contract – oral and implied; 3) fraud; 4) conspiracy to commit fraud; 5) aiding and abetting fraud; 6) defamation per se; 7) violation of 15 U.S.C. § 1125(a); 8) abuse of process; 9) malicious prosecution; 10) declaratory relief; and 11) injunctive relief. This case arises out of Defendants' alleged failure to comply with its own terms and conditions of its American Express Cardmember Agreements with Plaintiffs. Plaintiffs alle...

Excerpt: ...re to pay minimum wage; 5) failure to pay overtime compensation; 6) failure to provide meal periods; 7) failure to provide rest periods; 8) unlawful deductions from wages; 9) failure to reimburse work expenditures; 10) failure to provide accurate wage statements; 11) failure to provide personnel records; 12) retaliation in violation of Labor Code § 6310; 13) retaliation in violation of Labor Code § 1102.5; 14) wrongful termination in violation ...

Excerpt: ... (“Property”) after Plaintiffs' lien and deeds of trust were recorded. Plaintiffs also allege that Defendants recorded false liens that disparaged Defendants' title, value and marketability of the Property. On September 13, 2019, Plaintiffs filed a Complaint, and on November 14, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) Inducing Breach of Contract; (2) Intentional Interf...

Excerpt: ...al owner of all rights to the recordings (“the 2011 Litigation”). Boladian alleges that the 2011 litigation was false, malicious and lacked probable cause. In addition, Boladian alleges that Clinton made certain defamatory statements about Boladian, including in Clinton's 2015 autobiography and in a 2013 an interview with WXYZ in Detroit, in which Clinton falsely claimed that Boladian did not pay royalties to Clinton and to “hundreds” of ...

Excerpt: ... October 8, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; 4) Fraudulent Inducement – Concealment On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court consid...

Excerpt: ..., and on October 8, 2019, the First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; and 4) Fraudulent Inducement – Concealment. On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court con...

Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...

Excerpt: ...issory Estoppel. On December 23, 2019, Defendants filed the instant Demurrer to the SAC. The Court considered the moving, opposition, and reply papers, and rules as follows. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Thus, concerning the legal sufficiency of a pleading, the sole issue on demurrer is whether the facts pleaded, if ...

Excerpt: ...her consent. On October 30, 2019, Plaintiff filed a Complaint against Defendants for damages based on the following causes of action: (1) Breach of Contract; (2) Conversion; and (3) Negligence. On December 23, 2019, Defendants filed the instant demurrers and motions to strike punitive damages. The Court considered the moving, opposition and reply papers. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts suffic...

Excerpt: ...al. App. 5th 149, 157.) Plaintiffs contend that Boladian is a “private figure,” which thus requires only a showing that Defendant negligently published the defamatory statement. (Brown v. Kelly Broad. Co. (1989) 48 Cal. 3d 711, 742, holding that “a private person need prove only negligence (rather than malice) to recover for defamation.”) Plaintiffs proceed to conduct an argument for 15 allegedly defamatory statements contained with Defen...

Excerpt: ...n violation of Cal. Gov. Code §§ 12940, et seq.; (3) actual/perceived disability retaliation in violation of Cal. Gov. Code §§ 12940, et seq.; (4) failure to engage in the mandatory good-faith interactive process in violation of Cal. Gov. Code §§ 12940, et seq.; (5) failure to accommodate in violation of Cal. Gov. Code §§ 12940, et seq.; (6) violation of the California Family Rights Act, Cal. Gov. Code §§ 12945.2, et seq.; (7) whistlebl...

Excerpt: ...aint. On September 24, 2019, Plaintiff filed the second amended complaint (“SAC”). Plaintiff alleges four sets of claims: (1) against Enenstein, Pham & Glass (“EPG”) formerly known as Enenstein, Ribakoff La Vina & Pham (“ERLP”), Ruth Lynn Estep (“Estep”), and Larry Goldman (“Goldman”) arising out of a family law matter (collectively, the “Family Law Defendants”), (2) against Krycler, Evin, Taubman & Kaminsky (“KETK”), ...

Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...

Excerpt: ...on, harassment, and retaliation claims based on her medical condition and disability. On November 21, 2019, Defendants filed the instant Motion to Compel Arbitration. The Court considered the moving, opposition, reply papers, as well as supplemental opposition and reply, and rules as follows: Motion to Compel Arbitration Standard Code of Civil Procedure section 1281.2 provides, in relevant part: On petition of a party to an arbitration agreement ...

Excerpt: ... Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act – Civ. Code section 1793.2; (4) Fraudulent Inducement – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On November 26, 2019, KMA filed the instant Demurrer to the fourth and fifth causes of action and Motion to Strike punitive damages. The Court considered the moving, opposition, and r...

Excerpt: ... Complaint, and on August 13, 2019, the operative First Amended Complaint (“FAC”) for the following causes of action: (1) Breach of the Implied Warranty of Merchantability; (2) Breach of the Implied Warranty of Fitness; (3) Violation of Bus. & Prof. Code §§ 17500, et seq.; (4) Breach of Express Warranty; (5) Failure to Promptly Repurchase Product; (6) Failure to Commence Repairs Within a Reasonable Time; (7) Conversion; (8) Fraud; and (9) N...

Excerpt: ...f actions: 1) Violation of Civ. Code section 1793.2(d); 2) Violation of Civ. Code section 1793.2(b); 3) Violation of Civ. Code section 1793(a)(3); 4) Breach of Express Warranty (Civ. Code §§ 1791.2(a); 1794); 5) Breach of Implied Warranty (Civ. Code §§ 1791.1; 1794); and 6) Fraud by Omission. On August 5, 2019, KMA filed the instant Demurrer to the Sixth cause of action (Fraud by Omission) and Motion to Strike punitive damages from the TAC. T...

Excerpt: ...de §1793.2(d); (2) Violation of Civ. Code §1793.2(b); (3) Violation of Civ. Code §1793.2(a)(3); (4) Breach of express written warranty; (5) Breach of the implied warranty of merchantability; (6) Violation of the Magnuson-Moss Warranty Act; and (7) Fraud by Omission. On August 19, 2019, Defendant filed its Demurrer to the Seventh Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer from the Complaint. The Court consi...

Excerpt: ...1102.5; (2) defamation per se / per quod; and (3) intentional infliction of emotional distress (“IIED”). On May 29, 2019, Defendants filed the instant Demurrer to the third cause of action in Plaintiff's FAC. The Court considered the moving and opposition papers, and rules as follows: Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e)...

Excerpt: ... on defects in Plaintiff's 2016 Nissan Sentra (“Vehicle”). On April 3, 2019, Plaintiff filed a Complaint against Defendant for the following causes of action: (1) Breach of Express Warranty (2) Breach of Implied Warranty (3) Violation of Civil Code Section 1793.2 (4) Fraudulent Inducement - Concealment On May 6, 2019, Defendant filed its Demurrer to the Fourth Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer fr...

Excerpt: ...ction: (1) failure to compensate for all hours worked; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide accurate itemized wage statements; (5) failure to pay wages when employment ends; (6) failure to pay wages owed every pay period; (7) violation of Labor Code Section 558; (8) failure to maintain accurate records; (9) failure to give rest breaks; (10) failure to give meal breaks; (11) violation of California ...

Excerpt: ...or failure to abide by the Court's April 22, 2019 Order. The Court considered the moving papers and rules as follows. Standard The trial court can impose terminating sanctions on a party who fails to obey a court order compelling responses to interrogatories or document requests (Code Civ. Proc., §§ 2030.290(c) [interrogatories]; 2031.300(c) [document requests].) Also, Code of Civil Procedure § 2023.030 provides that the court may impose a ter...

Excerpt: ...he deposition should be limited for some reason. (Certainteed Corporation v. Sup. Ct. (2014) 222 Cal.App.4th 1053, 1062.) Code of Civil Procedure § 2025.290¿not only authorizes a judge to allow additional time to depose a witness in these circumstances, but requires the judge to do so, unless the judge determines that the deposition should be limited for another reason, such as the deponent's medical condition or to protect any party, depon...

Excerpt: ...e to Prevent Harassment and Discrimination 3. Disability Discrimination 4. Failure to Engage in the Interactive Process 5. Retaliation 6. Malicious Prosecution 7. Abuse of Process On March 29, 2019, Defendants filed this Special Motion to Strike the Seventh and Eight Causes of Action pursuant to CCP § 425.16 (the Anti-SLAPP Statute.) On April 1, 2019, Plaintiff filed the First Amended Complaint (“FAC”) and a non-opposition to the Motion, res...

Excerpt: ...bor Code § 1102.5 6. Violation of Labor Code § 6310 7. Failure to Accommodate 8. CFRA Retaliation On April 12, 2019, Defendant filed an Ex Parte Application to Continue Trial and, in the alternative, to shorten time to hear a Motion to Continue Trial. The Court denied the Ex Parte Application to Continue Trial without prejudice but granted the Application to shorten time to hear a Motion to Continue Trial. Standard: Continuances of trial dates ...

Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendant Charles Bluth (“Charles”) now demurs to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walter has...

Excerpt: ...102.5; (2) Health & Safety Code § 1278.5; and (3) adverse action in violation of public policy. On February 4, 2019, Defendant filed the instant motion to compel arbitration and stay action. Defendant filed the instant motion for sanctions on March 7, 2019. Plaintiff filed opposition papers on March 14, 2019. Defendant filed reply papers on March 20, 2019. The Court considered the moving, opposition, and reply papers and rules as follows. (1) Mo...

Excerpt: ...IONS OF $3,480.00 Date: March 26, 2019 Time: 8:30 a.m. Dept. 56 <0051004700030036004b00 00480055005600480051[ RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged defective 2012 Cheverolet Impala (the “Vehicle”). On <0051004700030036004b00 00480055005600480051[ (“Plaintiffs”) filed a complaint against Defendant alleging causes of act...

Excerpt: ... to CCP § 2025.450. This is improper. CCP § 2025.450 states, “If, after service of a deposition notice, a party . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, . . . the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for <0003004400470047004800 4700...

Excerpt: ... lease/purchase agreement by pretending to be qualified buyers. However, they were “unqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. Plaintiff requested that the land sale contract be voided. On December 16, 2015, the Court granted Defendant's motion to compel arbitration and stay the case. On February 8, 2018, the Court confirmed the arbitration award and entered judgment...

Excerpt: ...their employment with the Defendant. The Plaintiff, Gregory Detter, then accepted an offer of employment from 24 Seven in New York, New York. Mr. Detter resides in St. Louis, Missouri, but travels to New York during the work week. The Plaintiff, Seth Gordon, also accepted an offer of employment from 24 Seven, but in the Chicago, Illinois office. The Plaintiffs expect that Creative Circle will seek to enforce the non-competition clause in their no...

Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendants Susan Howard and Patricia Schlener now demur to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walte...

Excerpt: ...ntional misrepresentation; (3) fraud – false promise; (4) breach of contract – renovation contract; (5) negligence; (6) negligent interference with prospective economic relations; (7) unfair competition (Cal. Bus. & Prof. Code § 17200 et seq.); and (8) conversion. On June 27, 2018, the Court granted Defendant Kabir One's motion to compel arbitration, ordered Plaintiff to arbitrate its claims against Kabir One, and stayed the action as to Kab...

Excerpt: ...4) failure to provide meal periods; (5) failure to provide rest periods; (6) failure to provide accurate wage statements; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) unlawful business practices in violation of California Business & Professions Code Section 17200. On February 24, 2019, Defendants filed the instant petition to compel arbitration and stay all proceedings. The Court considered...

Excerpt: ... Code Section 12940(n)); (4) FEHA retaliation (Gov't Code Section 12940(h); (5) FEHA harassment (Gov't Code Section 12940(h)); (6) FEHA failure to prevent discrimination/retaliation/harassment (Gov't Code Section 12940(k)); (7) wrongful discharge in violation of public policy; (8) intentional infliction of emotional distress; (9) defamation; (10) breach of employment contract; (11) breach of covenant of good faith and fair dealing; (12) conversio...

Excerpt: ...iff is now owed a balance of $36,850 plus interest, fees and costs. On March 27, 2018, plaintiff filed a complaint for breach of contract. Defendant answered on June 8, 2018. On January 9, 2019, Defendant filed this unopposed motion for leave to file a cross-complaint. Leave to File a Cross-Complaint A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before o...

Excerpt: ..."Realty One"). This action arises from the purchase of real property commonly known as 616 Gartel Drive, Walnut, California 91789 ("Property") by Plaintiff from Brimo. The Complaint asserts multiple causes of action, including breach of contract, negligence, fraudulent misrepresentation, negligent misrepresentation, and breach of fiduciary duty, against the defendants Brimo, Alfredo, Miguel, Carsten, Truong, Kusuma, and Realty One...

Excerpt: ... of contract (2) Breach of oral contract (3) Misrepresentation (4) Breach of fiduciary duty (5) Fraud and intentional deceit (6) Fraudulent in the inducement Demurrer Standard A demurrer tests the sufficiency of the pleading at issue as a matter of law. City of Chula Vista v. County of San Diego (1994) 23 Cal.App.4th 1713, 1719. A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. CCP §...

Excerpt: ...tion, and reply papers and rules as follows. Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the pa...

Excerpt: ...8. The hearing was continued to the herein date. BACKGROUND On August 6, 2015, plaintiffs Francisco Armenta and Maria Zavala filed a complaint against defendants Mikiro Amemiya and Francis Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose termin...

Excerpt: ...actice, negligence, and NIED. <0044005100570003003000 00480046004b004c000f[ M.D.'s motions to compel discovery responses. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4t...

Excerpt: ...laintiff filed an amendment designating Nu-Era Home Health Agency, Inc. as Doe 1. LEGAL STANDARD CCP §437c(f)(1) states: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claim for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there i...

Excerpt: ... by LA County MTA, (3) liability against LA County MTA for violating its duties and responsibilities as a common carrier per Civil Codes §§2100, 2101, and 2103, and (4) premises liability. On July 21, 2016, plaintiff dismissed LA County MTA. On June 13, 2018, the court entered judgment in favor of defendants MV Transportation and City of Lynwood. On July 2, 2018, plaintiff filed notice of intention to move for new trial. On July 12, plaintiff f...

Excerpt: ...00 4700440051005700110003[ LEGAL STANDARD CCP § 473(b) provides that “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwi...

Excerpt: ... On July 24, 2018, the hearing was continued to the herein date to allow defendant to file a second addendum, including an unredacted copy of his driver's license. BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co-employee and employee of defend...

Excerpt: ...ant Christopher Turpin (self-represented) filed a cross- complaint against Jennifer Pacelli. On July 10, 2018, Turpin filed a Notice of Association, stating that Hoan N. Nguyen, Esq. is representing him. Trial is set for August 21, 2018. LEGAL STANDARD Request for Admissions Pursuant to CCP § 2033.280(b), a party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted,...

Excerpt: ...ust LSR, Mr. Rooter Southbay LSE, Cal Pros, Inc., and Mr. Rooter Plumbing for motor vehicle negligence based on an incident that occurred on August 12, 2016. LEGAL STANDARD Evidence Code § 954 states: “Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if...

Excerpt: ...CCP §§ 387(d)(1) or (d)(2) (formerly 387(a)), Philadelphia Indemnity Insurance Company (“Philadelphia Indemnity”) requests leave to file an answer in intervention on behalf of its insured Prime Limousine Service, LLC (“Prime Limousine”) and to strike the answer filed by Prime Limousine on February 14, 2017. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding i...

Excerpt: ...ndant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated April 19, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents)...