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: ...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...