Excerpt: ...lete and accurate payroll records, and reimburse necessary business‐ related expenses and costs. The Complaint alleges a sole cause of action for violation of California Labor Code § 2698, et seq. Defendant Amada Enterprises, Inc. moves to strike the PAGA cause of action or, in the alternative, portions of it. Plaintiff opposes. For the reasons set forth below, the Court denies the motion. I. Standard Any party, within the time allowed to resp...

Excerpt: ...hat required a construction contractor, Defendant Ajim Baksh, dba Baksh Construction to sign a warranty on behalf of Castellon. Defendant American Contractors Indemnity Company (“ACIC”) is the bonding company for Baksh. Defendant Joseph Rosas is an agent or employee of ACIC. Defendant Century 21 A Better Service Realty allegedly acted as Castellon's broker. The operative Second Amended Complaint (“SAC”) alleges causes of action for: (1) B...

Excerpt: ...Town Center LLC, and Western Alliance Bank for violations of Rafalian's duties as a constructive trustee. Before the Court is Plaintiff's ex parte application for an order (1) to strike Rafalian's request for a jury, and (2) that the trial be conducted remotely. Trial is scheduled for April 12, 2021. For the reasons set forth below, the Court grants the application in part. I. Standard “A court will not grant ex parte relief in any but the plai...

Excerpt: ...potential issues with the roof. Defendants offered to pay for a roof certification in exchange for Plaintiffs' removing the physical inspection contingency. Jimenez allegedly convinced his friend Margarito Castro to produce a fraudulent roof certificate guaranteeing the roof's condition. Plaintiffs subsequently discovered the roof had extensive damage, requiring a full replacement. The operative First Amended Complaint (“FAC”) asserts these c...

Excerpt: ...��clock care, so Plaintiff retired and provided for him. After his death, Plaintiff discovered Decedent had transferred all the money out of their joint savings account into another account bearing his name only, with defendant Velma Warmack (“Warmack”) listed as the new account's beneficiary. After Decedent's death, Chase Bank transferred the money to Warmack. Plaintiff now seeks to recover the funds ($173,000) from defendants The Estate of ...

Excerpt: ...s employed by Defendant County of Los Angeles (“COLA”). Barajas and Ingersoll were trying to apprehend unrelated suspects in a vehicle pursuit. Rickie was 65 years old. Plaintiff filed the operative First Amended Complaint on June 3, 2020. It alleges causes of action for battery, negligence, and violation of Civil Code section 52.1 (the “Bane Act”). On July 10, 2020 Defendant filed a Cross‐Complaint for indemnity, comparable equitable i...

Excerpt: ...loped Biliary Cirrhosis, Systemic Sclerosis, and Raynaud's Syndrome as a result of her exposure to various chemicals. Defendants are manufacturers and distributors of the chemicals or products. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) General Negligence; (2) Strict Liability—Warning Defect; (3) Strict Liability—Design Defect; (4) Fraudulent Concealment; and (5) Breach of Implied Warranties. Defendant...

Excerpt: ...ent was terminated in August 2018. Plaintiff alleges she was wrongfully terminated after she disclosed that Defendant's operation of its school police department caused safety concerns for police officers and dispatchers. On July 9, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for: 1. Retaliation for Whistleblowing Activities in Violation of Labor Code § 1102.5, and 2. Retaliation of Complaints About Unsafe Working Con...

Excerpt: ... Plaintiff's Complaint alleges causes of action for: 1. Violations of California HBOR § 2923.6 2. Fraud 3. Cancellation of Voidable Contract Under Rev & Tax §§ 23304.1 and 23305(A) and Corp. Code § 191(C) 4. Set Aside Trustee's Sale 5. Void or Cancel Trustee's Deed Upon Sale 6. Void or Cancel Notice of Default 7. Violation of Federal Home Ownership Protection Act 8. Wrongful Foreclosure 9. Unjust Enrichment 10. Violation of Bus. & Prof. Code ...

Excerpt: ...rd and Alameda Street in Compton, California. Defendants Luis Sebastiani and Amelia Sebastiani are alleged to have operated, controlled, maintained, and/or managed the vehicle. The Complaint alleges the following causes of action: 1. Negligence; 2. Negligence per se; and 3. Statutory liability. On July 29, 2020, defendants moved for summary adjudication as to punitive damages. On November 3, 2020, the Court denied the motion. On November 18, 2020...

Excerpt: ...ack to Aquasea. Defendants/Cross‐Complainants ceased making payments on May 20, 2019; there is currently a total of $193,583.94 outstanding. On November 21, 2019, Aquasea filed a Complaint against Defendants/Cross‐Complainants Taiichi, LLC, Mehrdad Kharrazi, and Hadi Farid. The Complaint alleges causes of action for: (1) Common Count – Money Lent; (2) Common Count – Money Had and Received; and (3) Breach of Contract. On October 1, 2020, t...

Excerpt: ...tgage‐Backed Securities 2011‐1) By U.S. Bank National Association as Co‐Trustee is the trustee of the residential loan trust for the property at 928 West 136 th Street, Compton, California 90222. Plaintiff alleges that Defendant Ygrene Energy Fund Inc. is the lienholder of the Notice of Special Tax Lien, which was recorded on February 27, 2017. (Complaint, Exh. 4.) Plaintiff alleges that it purchased the Property at a non‐judicial foreclo...

Excerpt: ...cs, Inc., Jimmy Chi, and Tan‐Ing Chou engaged in a scheme to evade import tariffs by mislabeling goods and concealing their country of origin. When goods arrived at the ports Kittrich or WWIG would ask PTC to transport them to Kittrich's Pomona warehouse. PTC alleges defendants did not fully pay for its services and did not timely return containers to the ports, resulting in PTC's being assessed additional charges. These unpaid charges led chas...

Excerpt: ...erified petition, Coleman's termination was upheld by the City's Personnel Board. Coleman allegedly then requested an arbitration, but the City failed to conduct one. Coleman seeks relief under Code of Civil Procedure § 1085. The Court has considered the petition and the parties' respective briefs, declarations and submitted evidence. For the reasons set forth below, the Court denies the petition. I. The Facts Coleman was terminated from his pos...

Excerpt: ...l dimple caused a dermal sinus tract infection in claimant's spinal cord. All of the named defendants failed to properly treat and refer Plaintiff for definitive neurosurgical treatment, which resulted in severe injuries. On November 10, 2020, Yolanda Frias petitioned the Court for approval of Plaintiff's settlement. The motion was unopposed. The Court granted the petition in part, but required additional information as to the household's utility...

Excerpt: ...bject Property”). The ceilings of the interior offices were approximately 8–10 feet above the floor and 5–10 feet below the warehouse roof. The office roofs were made of acoustic tile and were overlaid, in some areas, with plywood. In December 2016, Shahin fell through the office roof. Garfield owned the premises; Bendetti Co. was the property manager. At the time of the incident, part of the Subject Property was leased to Nationwide Unifor...

Excerpt: ...ginated the deed of trust for the Property as to Plaintiff and her former husband, Aron Pritchard. On July 28, 2015, Defendant JP Morgan Chase, N.A. (“Chase”), through People's Inc., allegedly deceptively enticed Plaintiff to enter a loan modification. In July and August 2019, Plaintiff sent Chase notices of recission and to cease and desist. Chase did not respond. In September 2019, Chase sold the loan to Defendant Select Portfolio Services,...

Excerpt: ...he “Property”). The Agreement allegedly entitles both Shelby and Sharon to 50% of proceeds from any sale of, or refinancing or equity line funds from, the Property. The Agreement allegedly required Shelby to make a down payment of $65,000 towards the purchase of the Property and Sharon to pay the monthly sums for any equity, refinancing, and mortgage against the Property. On or about August 22, 2007, Shelby and Sharon acquired the Property as...

Excerpt: ...f visited the Business in November 2019, December 2019, and January 2020, and alleges the Business violated several construction‐related accessibility standards, as Defendant did not offer persons with disabilities equivalent facilities, privileges, and advantages offered to other patrons. Based on these allegations, on July 31, 2020, Plaintiff filed his complaint against Defendant. On October 21, 2020, Plaintiff filed a First Amended Complaint...

Excerpt: ...against her. On February 27, 2020, Plaintiff Felicia McCarron commenced this action against Defendant Sisyphian LLC dba Xposed Gentlemen's Club for (1) failure to pay minimum wage; (2) failure to pay overtime; (3) failure to provide meal breaks; (4) failure to provide rest breaks; (5) failure to compensate all hours; (6) failure to provide accurate wage statements; (7) failure to maintain payroll records; (8) waiting time penalties; (9) failure t...

Excerpt: ...eft onto Alondra. Plaintiffs found themselves at a red light with a train approaching. In moving the car off the tracks, Plaintiffs collided with defendant Jasmin Pimental, who was traveling southbound on Willowbrook. The Los Angeles County Metropolitan Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: 1. negligence/motor vehicle, and ...

Excerpt: ...isting the address of the payroll entity responsible for issuing paychecks and resolving pay issues on wage statements. The parties have reached a settlement as to the PAGA claim and jointly move for the Court's approval. The motion previously was denied without prejudice. Counsel has provided an addendum to the settlement and amended proposed order attached to counsel's supplemental declaration. II. Standard The court must review and approve PAG...

Excerpt: ...he premises. Per the tenant estoppel certificate dated June 6, 2017 (“Certificate”), Ocampo is the sole actual occupant and is in possession of the Property. However, upon inspection, Ocampo had four unauthorized occupants residing in the Property, in violation of the Certificate. Ocampo now moves for summary judgment. The Court has considered the opposition, supplemental opposition, and supplemental declaration. Ocampo has not filed a reply....

Excerpt: ...ncial Services (“ECN”) to purchase five (5) 2017 Wabash DVCVHPC Duraplate Dry Van Trailers. ECN thereafter assigned all of its rights, titles, and interests in the ECN Agreement to Plaintiff PNC Equipment Finance LLC (“Plaintiff”). OT breached the terms of the ECN Agreement by failing to make the monthly payments. Defendants Tom Kim (“Kim”) and Molly Hwang (“Hwang”) also executed a Personal Guaranty, guaranteeing all of OT's oblig...

Excerpt: ...are tenants. The complaint alleges that Plaintiffs and Defendants entered into a written month‐to‐ month agreement to lease the Property for $2,300.00 per month. Plaintiffs allege that Defendants breached the agreement by committing a nuisance on the property. Specifically, Plaintiffs allege that Defendants are using the property to fix and sell cars for income, the cars leaked oil on the driveway, and the City of Compton issued a violation d...

Excerpt: ...oethylene at a neighboring property owned by South Bay Industrial Building 4, LLC (“South Bay”) was discovered in 2016, South Bay demanded remedial action, whereupon Prospective Intervenor retained a third party consulting firm to investigate whether the source of the contamination was the chemical spill in 2011 caused by Defendant Trimac Transportation, Inc. (“Defendant”). The consulting firm found that Defendant's alleged spill resulted...

Excerpt: ...anuel (CEO), Kathleen Powell (CFO), Sam Stella (Secretary), Donald Harris, Anzola Harris, Mable Harris, and Norris Smith (collectively, “Defendants”). Plaintiff Whitfield was pastor of the Church from 2011 – 2018. Plaintiffs allege that in the fall of 2017 Whitfield came across suspicious personal credit card charges by Defendant Manuel using Church funds. Whitfield brought the issue before the board in December 2017 and was fired from his ...

Excerpt: ...laintiff Princess Naope was 31 weeks pregnant, with twins, when she attended a prenatal visit with Defendant Allen, who noted Plaintiff's high blood pressure. Defendant Allen referred plaintiff to defendant Chavira at defendant Maternal Fetal Medicine Associates (“MFMA”), who sent plaintiff to St. Francis. Defendant Allen arrived and performed the delivery. One of the twins was born deceased. The First Amended Complaint (“FAC”) alleges th...

Excerpt: ...l and Metal Movers was to provide an interest in the property at 2900 N Alameda, Compton, California 90222, where Metal Movers conducted its business. Negotiations started in 2016 and continued into 2018 but no joint venture agreement was reached. In December 2016, defendants agreed to make mortgage payments on the property in exchange for an investment in Metal Movers. After defendants made the payment, plaintiffs inadvertently gave defendants a...

Excerpt: ...ction against plaintiffs (20CMUD00149). The operative First Amended Complaint (“FAC”) alleges the following causes of action: 1. Tortious breach of implied warranty of habitability; 2. Statutory breach of warranty of habitability (Civ. Code §§ 1941, 1941.1 and 1942.4); 3. Breach of the covenant of quiet enjoyment; 4. Intentional infliction of emotional distress; 5. Nuisance; 6. Negligent maintenance of premises; 7. Breach of contract; 8. Br...

Excerpt: ...p”) was the general contractor hired by SMS for the construction project where the incident took place. Design Group contracted with defendant C&L Refrigeration Corporation (“C&L”) to install refrigeration systems at the property. C&L contracted with Vast to install electrical components for the refrigeration systems. The property owner is defendant Watson Partners L.P. (“Watson”). The Court previously granted Design Group's motion for ...

Excerpt: ...s is Willie Brooks' brother and the successor trustee of the Rosa Brooks Living Trust. Rosa Brooks passed away on March 20, 2018. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Promissory estoppel; 2. Common count: goods and services rendered; and 3. Imposition of a constructive trust. Defendant Otha Brooks moves for judgment on the pleadings. Plaintiff opposes. I. Standard A motion for judgment on the pleadin...

Excerpt: ...ndant Infinity Insurance Company's policy covers the loss, but Infinity has refused to pay. BMW subsequently repossessed the vehicle. The Complaint alleges the following causes of action: 1. Breach of contract; and 2. Breach of covenant of good faith and fair dealing. Infinity demurs to the Complaint and moves to strike the request for punitive damages. The Court has read and considered the moving, opposition and reply papers. I. Standard a. Demu...

Excerpt: ... a construction contractor, defendant Ajim Baksh, dba Baksh Construction, to sign a warranty on behalf of Ms. Castellon. Defendant American Contractors Indemnity Company (“ACIC”) is the bonding company for Baksh Construction. Defendant Century 21 A Better Service Realty allegedly acted as Castellon's broker. The operative First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of contract; and 2. Fraud. Currently...

Excerpt: ...ase Agreement. Harvard Investment Group, LP subsequently assigned the agreement to Plaintiff Longacre Estates, LP. According to Plaintiff, Defendant represented that the lot was approved by the City of Los Angeles for subdivision into five separate parcels suitable for the construction of five separate residences. Defendant would keep one of the lots for development of a home, while Plaintiff would have development rights for the remaining four l...

Excerpt: ...es as a constructive trustee. On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745‐1446. Ely filed a cross‐complaint in the action. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely's 50% ownership in the property (“Carson ...

Excerpt: ...t of quiet enjoyment; 3. Nuisance; 4. Business & Professions Code § 17200, et seq.; 5. Negligence; 6. Breach of contract; and 7. Intentional interference with Estate (Civ. Code § 789.3). Defendants demur to the fourth and seventh causes of action and move to strike punitive damages from the Complaint. The motions are opposed. I. Standard a. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of ...

Excerpt: ...ketplace allowing customers (referred to as “members”) to purchase groceries and household items from local merchants. “Shoppers,” such as Green, would then purchase the items from the merchants and deliver the orders to the customers. The First Amended Complaint (“FAC”) alleges violations of the Private Attorneys General Act. All individual and class claims were dismissed. Shipt now moves to compel arbitration and stay the action. Gr...

Excerpt: ...Garces alleges defendants violated various Labor Codes by: (1) failing to pay all wages owed, (2) failing to provide meal and rest periods, (3) failing to reimburse employees for required expenses, (4) failing to provide accurate wage statements, and (5) failing to provide wages when due. The parties have now reached a settlement of the PAGA claim and move for approval of the settlement. I. Standard The court must review and approve PAGA Settleme...

Excerpt: ... listing the address of the payroll entity responsible for issuing paychecks and resolving pay issues on wage statements. The parties have reached a settlement as to the PAGA claim and jointly move for the Court's approval. I. Standard The court must review and approve PAGA Settlements. (Lab. Code, § 2699(l)(2).) However, there is no set standard that a court must follow in reviewing a PAGA settlement. Instead, the court exercises its discretion...

Excerpt: ...nment, and various Labor Code violations. Defendant Renew Health Consulting Group, LLC, provides administrative services to Santa Fe Heights. Defendant Ann Wingard was the administrator at Santa Fe Heights during Romero's employment. The Complaint alleges the following causes of action: 1. Race/color/national origin/ancestry discrimination; 2. Age discrimination in violation of the FEHA; 3. Hostile work environment in violation of the FEHA; 4. Re...

Excerpt: ... Group Companies, LLC, Cargomatic, Inc., and ADP Express, LLC, operated as a single enterprise with Tricap. Defendants The GAP, Inc., and Polaris Industries, Inc., allegedly are customers of Tricap. The Complaint alleges the following causes of action: 1. Breach of written agreement; 2. Goods and services rendered; 3. Account stated; 4. Open book account; and 5. Unjust enrichment. Currently before the Court are two demurrers:  GAP and Polaris,...

Excerpt: ...company and into their own accounts. By February 2019, all of the company's accounts had been emptied. Defendant Athena Freight, Inc., is a corporation formed by defendant Qi Chen. Li is the director of Athena and Chow is its CFO. Over $198,010 was paid to Athena in the form of consulting fees. Defendant Apex Law Center assisted in processing the EB‐5 application. Defendants Donald J. Matson and the Law Offices of Donald J. Matson were retained...

Excerpt: ...sion. Plaintiffs allege the intersection was dangerous because there is a 49‐foot offset on Jackson Street on either side of Garfield Avenue. Defendants also include Garcia's employer, Expert Plant Care, Inc. (“EPC”), Willdan Engineering, the City of Paramount, and the State of California. Defendant Garcia filed a Cross‐Complaint against Defendant City of Paramount. The City of Paramount filed a Cross‐ Complaint against EPC. The First A...

Excerpt: ...idge Hospital, Inc., on May 1, 2017 with schizophrenia and suicidal ideations. While at Canyon Ridge, Furlano was in the care of defendant Mukund Deshmukh, M.D., a psychiatrist. Schickedanz asked Canyon Ridge to petition for a conservatorship. She was told by staff members that Furlano did not qualify because he was a resident of Los Angeles County, not San Bernardino County where Canyon Ridge was located. On May 3, 2017 Schickedanz turned to Mal...

Excerpt: ...ing to discuss the free installation of solar panels. Benavente represented that the solar installation was sponsored by the federal government and was free for qualified homeowners. Plaintiffs indicated they were interested, but due to a death in the family had to travel to Nigeria. They told Benavente they would contact him upon their return. When plaintiffs returned in early October 2016 they found that solar panels had been installed on their...

Excerpt: ...efendant Frank November is alleged to control ADP. The Complaint alleges the following causes of action: 1. Common counts: account stated; 2. Common counts: quantum meruit; and 3. Conversion. Currently before the Court are two motions. Defendants demur to the Complaint and FVLI seeks a writ of attachment against ADP. Both motions are opposed. For the reasons set forth below, the Court overrules the demurrer and grants the application for writ of ...

Excerpt: ... Inc. owns the group home. Defendant Anna Mayes is the licensee, President, Treasurer, and Director of Scotch. Defendant Katrina Watkins is the Secretary and Administrator/Operations Manager of Scotch. The Fifth Amended Complaint (“FAC”) alleges the following causes of action: 1. Violation of Bane Civil Rights Act; 2. Violation of Ralph Civil Rights Act; 3. Sexual assault and battery; 4. False imprisonment; 5. Intentional infliction of emotio...

Excerpt: ... On February 19, 2009, the beneficial interest was transferred to defendant Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W5 (“Deutsche Bank”).  On July 26, 2019 a Notice of Default was recorded against the property.  On October 31, 2019, a Notice of Trustee's sale was recorded, setting a sale date of December 19, 2019.  Plaintiffs allege they submi...

Excerpt: ...ulfill Reunited's purchase orders. Reunited started receiving complaints from its retailers that orders were missing merchandise, despite Capital West's assurances and paperwork showing the merchandise had been delivered to common carriers. Upon inspection of Capital West's warehouses, Reunited found much of the missing merchandise, and subsequently found its items being sold online by a third party. Reunited's investigations allegedly induced Ca...

Excerpt: ...ulfill Reunited's purchase orders. Reunited started receiving complaints from its retailers that orders were missing merchandise, despite Capital West's assurances and paperwork showing the merchandise had been delivered to common carriers. Upon inspection of Capital West's warehouses, Reunited found much of the missing merchandise, and subsequently found its items being sold online by a third party. Reunited's investigations allegedly induced Ca...

Excerpt: ...aintiffs claim $556,234.81 in damages. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of contract; 2. Fraud/intentional misrepresentation; 3. Common counts; and 4. Quantum meruit Defendants demur to the FAC. Plaintiffs oppose. For the reasons set forth below, the Court overrules the demurrer. I. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ...

Excerpt: ...ed the property and identified potential issues with the roof. Plaintiffs submitted a request for repairs. Defendants offered to pay for a roof certification in exchange for plaintiffs' removing the physical inspection contingency. Jimenez allegedly convinced his friend, Margarito Castro of defendant Castro's Roofing to produce a fraudulent roof certificate guaranteeing its condition. The certificate was produced on March 15, 2019 and escrow clos...

Excerpt: ...ng hundreds of fraudulent expense‐reimbursement requests and pocketing the reimbursements he received; by mislabeling certain expense reimbursements as purchases from third‐party vendors; and by purchasing supplies from his sister's company at inflated prices and receiving kickbacks.” (Cmplt. ¶ 1.) The Complaint alleges the following causes of action: 1. Fraudulent misrepresentation; 2. Fraud by concealment; 3. Breach of fiduciary duty; 4....

Excerpt: ...rty. Catamount now moves for summary judgment, Guy filed an opposition on June 24, 2020, and Catamount filed a supplemental brief on July 21, 2020. The Court continued the hearing to allow Guy to file a supplemental brief; Guy did so on August 5, 2020. For the reasons set forth below, the Court grants the motion. I. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any...

Excerpt: ... entered in favor of STI. STI's April 30, 2019 Abstract of Judgment shows $108,863.70 is owed. STI now moves to amend the judgment to add Charles Quarles as an additional defendant on the basis of alter‐ego. The motion is opposed. For the reasons set forth below, the Court denies the motion. I. Standard Under Code of Civil Procedure § 187, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Cour...

Excerpt: ...ored. On January 30, 2017, Sheen opened the storage containers and discovered her property had been destroyed by animals and water. Defendant Cho Thomas Chang owns Key Express. At the time the containers were opened, he allegedly handed his insurance card to Sheen and stated that the damage would be covered by his insurance company. The certificate of liability insurance lists AKA Insurance Services, Inc., and defendant Certain Underwriters at Ll...

Excerpt: ...C, are owners of the property and negligently controlled the location. The Complaint alleges the following causes of action: 1. Negligence; 2. Premises liability; 3. Negligent hiring, entrustment, and supervision; 4. Battery; and 5. Assault Defendants Lee and 304 Kenmore, LLC, demur to the Complaint and move to strike references to punitive damages. The motions are opposed. For the reasons set forth below, the Court overrules the demurrer and den...

Excerpt: ... (CEO), Kathleen Powell (CFO), Sam Stella (Secretary), Donald Harris, Anzola Harris, Mable Harris, and Norris Smith. Plaintiff Whitfield was pastor of the Church from 2011–2018. Plaintiffs allege that in the fall of 2017 Whitfield came across suspicious personal credit card charges by Defendant Manuel using Church funds. Whitfield brought the issue before the board in December 2017 and was fired from his position on March 15, 2018. Plaintiff Bu...

Excerpt: ... Xie, formed a sham corporation, defendant Cross‐Continents Trans. (“CCTI”), Inc., diverted NGL shipments to CCTI and stole NGL customers. The Complaint alleges the following causes of action: 1. Breach of written contract; 2. Conspiracy; 3. Fraud and deceit; 4. Unfair competition (Bus. & Prof. Code, § 17200) Defendants demur to the Complaint. The demurrer is opposed. I. Standard A demurrer tests the sufficiency of a complaint as a matter ...

Excerpt: ... personal representative as the estate of Terry Carter, Nekaya Carter, and Crystal Carter filed a complaint alleging: 1. Wrongful Death; 2. Negligence; 3. Assault and Battery. Plaintiffs move to deem their Requests for Admission, Set One, as admitted by Defendant Knight. Plaintiffs move separately for the Court to set a trial date; the previous date was vacated pursuant to the general orders issued by the Chief Justice and the Presiding Judge of ...

Excerpt: ...n Group”) was the general contractor hired by SMS for the construction project where the incident took place. Design Group contracted with defendant C&L Refrigeration Corporation (“C&L”) to install refrigeration systems at the property. C&L contracted with Vast to install electrical components for the refrigeration systems. The property owner is defendant Watson Partners L.P. (“Watson”). The operative First Amended Complaint (“FAC”)...

Excerpt: .... Plaintiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) negligence/motor vehicle, and...

Excerpt: ...st Amended Complaint (“FAC”) alleges the following causes of action: 1. Assault & battery; 2. Intentional Infliction of emotional distress; 3. Negligent hiring, training, supervision, and retention of employees; 4. Negligence; and 5. Violation of the Bane Civil Rights Act ACF and Hartford have filed separate demurrers and motions to strike the FAC. The motions are opposed. For the reasons set forth below, the Court sustains the demurrers and ...

Excerpt: ...seq., in August 2012. [1] The case originally went to trial in 2016, resulting in a jury verdict for the City. The Court of Appeal reversed, citing an error in the special verdict form, and remanded. The Court of Appeal awarded Ms. Bradford her costs on appeal. The case was re‐tried in May 2019; this time a jury found for Ms. Bradford on her retaliation claim and awarded her $655,000. Ms. Bradford filed memoranda of costs; currently before the ...

Excerpt: ...ld a meeting to discuss the free installation of solar panels. Benavente represented that the solar installation was sponsored by the federal government and was free for qualified homeowners. Plaintiffs indicated they were interested, but due to a death in the family had to travel to Nigeria. They told Benavente they would contact him upon their return. When plaintiffs returned in early October 2016 they found that solar panels had been installed...

Excerpt: ...ecause Defendant wanted “eye candy” for the office, that her hours were reduced because of her disability, and that she was denied overtime pay. Plaintiff is currently self‐represented. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Disability Discrimination (Gov. Code § 12940(a)); 2. Retaliation (Gov. Code § 12940(h)); 3. Sexual Harassment in Violation of FEHA (Hostile Work Environment) Defendant now d...

Excerpt: ... designed, manufactured, and sold by defendant Gloucester Engineering Company (“GEC”). The incident occurred when Rojas allegedly was instructed to insert his arm into the machine to clear a jam. In 2015, prior to the incident, defendant Davis‐Standard, LLC, purchased the assets of GEC. The Complaint alleges the following causes of action: 1. Negligence; 2. Products Liability; 3. Breach of Warranty; and 4. Negligent Hiring, Retentions, Trai...

Excerpt: ...t the tires to his own garage where they were transferred to a third party. The Complaint alleges the following causes of action: (1) Intentional Tort; (2) Fraud; (3) Conversion; (4) Conspiracy to Defraud; and (5) Trespass to Chattels Meza now demurs to the Complaint. SCO has filed an opposition. No reply has been filed. The Court previously continued the demurrer to allow the parties to meet and confer, but Meza has yet to file a declaration to ...

Excerpt: ...dly turned left in front of her, resulting in a fatal collision. Plaintiffs allege the intersection was dangerous because Jackson Street, at that intersection, has a 49‐foot offset on either side of Garfield Avenue. Defendants also include Expert Plant Care, Inc. (“EPC”), Willdan Engineering, the City of Paramount, and the State of California. Defendant Garcia filed a Cross‐Complaint against Defendant City of Paramount. The City of Paramo...

Excerpt: ... ceilings of the interior offices were approximately 8–10 feet above the floor and 5–10 feet below the warehouse roof. The office roofs were made of acoustic tile and overlaid, in some areas, with plywood. In December 2016, Shahin Fatemian fell through the office roof. Garfield owned the premises and the Bendetti Company was the property manager. At the time of the incident, the premises were leased to Nationwide Uniform Group, Inc. The Secon...

Excerpt: ...oss‐complainant Sol Del Cielo LLC (“Sol” or “Cross‐complainant”) owns the adjacent property at 11165 Louise Ave., Lynwood, CA 90262. Plaintiffs also sued Defendants M.L. Culkin Construction Co. Inc. and Abrham Sandoval Jr., who are not cross‐complainants. Sol filed a cross‐complaint on September 7, 2018. Sol alleges that when it began new construction for residential units next to the Loveland property, Cross‐defendants began a ...

Excerpt: ...dvanced”), 1935 Via Arado (“1935”), Agron, Inc. as Doe 1 (“Agron”), and Anton Schiff as Doe 2 (“Schiff”) for negligence, premises liability, products liability, and loss of consortium. Following a demurrer by American, the Court sustained its demurrer without leave to amend as to the first, second, and fourth causes of action. Instant motions:  Motion for summary judgment/adjudication: Advanced;  Motion for summary judgment/ad...

Excerpt: ...to trial on April 15, 2019, where a verdict was rendered for defendants. Plaintiff Artin Fiterz now moves to tax costs. Defendants oppose. For the reasons set forth below, the Court denies the motion. II. Standard Code of Civil Procedure § 1032(a)(b) states that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding unless a statute expressly states otherwise. CCP § 1033.5(a) lists the costs that are re...

Excerpt: ...or‐Jones (“Mr. Taylor‐Jones”) (collectively “Plaintiffs”) were in a vehicle traveling northbound on Willowbrook Avenue, with Ms. Taylor‐Jones the driver and Mr. Taylor‐Jones the passenger. As Plaintiffs vehicle approached the intersection of Willowbrook Avenue and Alondra Boulevard, Ms. Taylor‐Jones sought to negotiate a left onto Alondra Boulevard, past a certain railroad track commonly known as the “Blue Line.” Plaintiffs'...

Excerpt: ...o enrich themselves. Global and AYT are joined as nominal defendants. AYT is a taxi logistics business that provides services for 61 taxi cabs, as well as support for Global, which offers paratransit services under a government contract. The relationship between the parties began to deteriorate in 2017. On June 5, 2018, Levertov's accountant visited Global and AYT to view their books. Levertov presented his proposed Complaint to the boards of bot...

Excerpt: ...April 2008, but defendants abandoned the project, costing plaintiffs the benefit of the agreement and the property. Plaintiffs filed suit on July 29, 2009. Yang was served on January 8, 2010. Default judgment was entered on January 9, 2012. On March 12, 2019, plaintiffs recorded an abstract of judgment in Los Angeles County. On May 14, 2019, Yang filed this motion to vacate. The motion is opposed. For the reasons set forth below, the Court denies...

Excerpt: ...rnia Unruh Civil Rights Act. Avalos seeks an injunction, statutory damages of $8,000, costs, and attorneys' fees of $3,731.25. Avalos applies for attorneys' fees in excess of the Local Rule Default schedule based on counsel's extraordinary legal services. Tentative ruling: GRANT Local Rule 3.214(d) allows for a plaintiff to apply for fees in excess of the default schedule (Local Rule 3.214(a)) when extraordinary legal services are rendered. The a...

Excerpt: ...the premises. U.S. Bank purchased the property at a trustee's sale. U.S. Bank now moves for summary judgment. The Court has considered the opposition and reply. For the reasons set forth below, the Court grants the motion. II. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (...

Excerpt: ...rial on April 15, 2019; the jury found for defendants. Artin Fiterz now moves for a new trial and judgment notwithstanding the verdict (“JNOV”). The motions are opposed. For the reasons set forth below, the Court denies the motions. II. Standard A. Judgment notwithstanding the verdict A motion for judgment notwithstanding the verdict “may properly be granted only if it appears from the evidence, viewed in the light most favorable to the par...

Excerpt: ...ions and invasion of privacy. In the Complaint, plaintiffs allege various building defects, defendant's failure to make repairs, and multiple attempts by defendant to evict plaintiffs. The Complaint alleges the following causes of action: (1) Breach of warranty of habitability, (2) Breach of the covenant of quiet enjoyment, (3) Negligent maintenance of premises, (4) Maintenance of nuisance, (5) Violation of Civil Code section 1941.1 et seq., (6) ...

Excerpt: ...set forth below, the Court grants the motion. II. Standard The Court may relieve a party or their legal representative from a proceeding taken against them resulting from their mistake, inadvertence, surprise, or excusable neglect. (C.C.P., § 473(b).) Mistake of fact is when a person understands facts to be other than they are. (Hodge Sheet Metal Products v. Palm Springs Riviera Hotel (1961) 189 Cal.App.2d 653.) Surprise denotes a condition or s...

Excerpt: ...ose, which in turn caused Gutierrez to fall. The premises were managed by defendant Property Management Associates (“PMA”). PMA filed a cross-complaint against defendant Brightview Landscapes, LLC, erroneously sued as Brickman Group Holding LLC, alleging equitable indemnity. Brightview is a landscaping company. PMA alleges they are responsible for the water on the sidewalk. In April of 2013, Brightview contracted with defendant Del Amo Units ...

Excerpt: ... Barto's operation of the field. The parties resolved the case in November 1999 by entering into a settlement agreement. Pursuant to the settlement agreement, Barto and Alamitos Land entered into another agreement called the Surface Use Relinquish Agreement and Grant of Easement (“SURGE”). The SURGE concerned an area located within Signal Hill East Unit known as the Boneyard. The SURGE granted easements allowing Barto to use the property for ...

Excerpt: ...ian's duties as a constructive trustee. On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745‐1446. Ely filed a cross‐complaint in the action. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely's 50% ownership in the property (...

Excerpt: ...ls Fargo improperly foreclosed on his property and that Ralph Partners failed to care for his personal property after his eviction. The operative Second Amended Complaint (“SAC”) alleges the following causes of action: (1) Breach of covenant of good faith and fair dealing, (2) Fraud and misrepresentation, (3) Negligence (mislabeled as fraud and misrepresentation), (4) Bailment, and (5) Conversion The first and second causes of action are alle...

Excerpt: ...n Plaza, including the restaurant. Defendant Kimco Realty Corporation managed the property. Willowbrook leased the restaurant and its underlying property to defendant Denny's, Inc.; Denny's subleased the property to defendants Hubert Kim, Yong Tai Kim, and IMHO, Inc., who operated the restaurant. Defendant Silver Oak Landscaping, Inc., contracted with Willowbrook to provide landscaping services. The incident occurred in September 2015. Before the...

Excerpt: ...k behind the tires, the truck rolled backwards. Other defendants are Mario Guzman, Navistar Inc., Utopia Transport, Inc., and U.S. Storage Centers, Inc. Robert Watkins Sr. died on May 11, 2018; Minnie Watkins continues the action as his successor in interest. Navistar now moves to compel further responses to its form interrogatories, set one, and special interrogatories, set three. The motions are opposed. For the reasons set forth below, the Cou...

Excerpt: ...alifornia, causing Demer to slip or fall, resulting in injuries. The Complaint contains a single cause of action for negligence. Del Amo now moves for the appointment of a discovery referee. The motion is unopposed. For the reasons set forth below, the Court denies the motion. II. Standard Code of Civil Procedure § 638 allows for the appointment of a discovery referee upon the agreement of the parties. The agreement must be filed with the clerk,...

Excerpt: ..., and Scott Linden. The Second Amended Complaint (“SAC”) alleges the following causes of action: (1) Conversion; (2) Fraud — intentional misrepresentation; (3) Intentional interference with prospective economic relations; (4) Unjust enrichment — constructive trust; (5) Declaratory relief; (6) Preliminary injunction; and (7) Damages. Defendants David Welch, Michael Blazevich, and Anna Blazevich demur and move to strike the SAC. Plaintiffs ...

Excerpt: ...o Gerald, ASA recorded an abstract of judgment on June 13, 2014. Gerald alleges this prevented her from being able to find another rental. She discovered the abstract when a potential landlord revealed its existence to her in 2017. The Complaint alleges the following causes of action: (1) Intentional infliction of emotional distress; (2) Negligence; and (3) Business & Professions Code § 17200 ASA now moves to strike the Complaint as a strategic ...

Excerpt: ...Kraco under a 2015 agreement called the Second Amended and Restated Revolving Credit, Term Loan and Security Agreement (“Loan Agreement”). GlobalTranz alleges that while Kraco's assets were being liquidated to satisfy PNC's loan, Kraco continued to utilize GlobalTranz's services. As a result, PNC gained the benefit of $800,000 in services while GlobalTranz was left with nothing. The Complaint alleges a single cause of action for breach of imp...

Excerpt: ...�AKM”), allegedly failed to pay its premiums under its contract with SCIF. CAB alleges an overdue principal sum of $26,204.46. The Complaint alleges the following causes of action: (1) Breach of contract; (2) Open book account; (3) Account stated; and (4) Reasonable value CAB now moves for summary judgment or adjudication. AKM opposes. For the reasons set forth below, the Court grants the motion. II. Standard A “motion for summary judgment sh...

Excerpt: ...les the demurrer. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1...

Excerpt: ... to compel arbitration. A party to an alleged arbitration agreement may file such a petition with the trial court. If the court finds that an agreement exists, the court shall order arbitration unless: (1) The right to compel has been waived by the petitioner, or (b) grounds exist for rescission of the agreement. A written agreement to submit to an arbitration agreement is valid unless grounds exist for its revocation such as any contract. (C.C.P...

Excerpt: ... the locks on the vacant lot's fence. The operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) Trespass/wrongful encroachments; (2) Breach of conveyance contract or purchase agreement; (3) Fraud; (4) False reporting of APN to government; (5) Nuisance; (6) Falsification of public documents; (7) Quiet title; (8) Conversion; and (9) Negligence Defendants now demur to the FAC. Magdirila opposes. For the reasons se...

Excerpt: ...mputer-generated via an iPad. The Complaint is for breach of contract. The Amended Cross-Complaint against Personal Energy contains three causes of action for: (1) indemnity; (2) apportionment of fault; and (3) declaratory relief. Personal Energy now demurs to the declaratory relief cause of action. The demurrer is unopposed. For the reasons set forth below, the Court overrules the demurrer. II. Standard A demurrer tests the sufficiency of a comp...

Excerpt: ...s. U.S. Bank purchased the property at a trustee's sale. Cedric Turner now demurs to the Complaint. U.S. Bank opposes. For the reasons set forth below, the Court overrules the demurrer. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) t...

Excerpt: ... alleges improper administration of epidural anesthesia and improper airway protection, leading to Robles' severe brain injury. Robles moves for leave to file the Second Amended Complaint (“SAC”). St. Francis opposed the motion on the grounds of the SAC contained a request for punitive damages. The parties have filed a stipulation in which Robles agreed to remove the punitive damages allegations from the SAC without prejudice. For the reasons...

Excerpt: ...closed on the property at 19223 S Grandee Avenue, Carson, CA 90746. Plaintiffs allege that recorded documents in the chain of title are forged or otherwise fraudulent. World Savings Bank was the initial lender. Word Savings was later acquired by Wells Fargo. Clear Recon was the trustee and Breckenridge purchased the property at the trustee's sale. According to the Complaint, Andrea Whitney was Wells Fargo's representative. Neither Clear Recon nor...