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...