Excerpt: ...onlan, and their daughter, Samantha Conlan commenced this action against Rockin' Rescue, AGWC Rockin' Rescue, and Ady Gil (“Defendants”) on April 4, 2019 for (1) fraud; (2) fraud – intentional misrepresentation; (3) fraud – negligent misrepresentation; (4) breach of duty of honesty and fair dealing and good faith; (5) negligence; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. Plaintif...

Excerpt: ...ista Lynn Taylor commenced this action. On February 4, 2019, Plaintiffs Krista Lynn Taylor and Roderick Taylor filed the first amended complaint (“FAC”) against Lisa Hankin for (1) breach of contract; (2) negligence; and (3) breach of bailment. Plaintiffs allege that they were the owners of a show horse named Bravado and entered into a written lease agreement with Defendant whereby Bravado was leased to Defendant for the term of one year. (FA...

Excerpt: ...ate Department for review and approval. The Court sets an OSC Re: Approval of Special Needs Trust on _________. BACKGROUND: Monique Kal MClendon, individually and as Guardian ad Litem for Justin Amoray Williams- McClendon (jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated Februa...

Excerpt: ...of Bus. & Prof. Code § 17200; (4) Breach of Operating Agreement; (5) Breach of Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty. Liang alleges Li induced Liang to invest $5.4 million into Hollywood Garden, LLC, for the purpose of purchasing property located at 6140 Hollywood Boulevard, but defrauded Liang with respect to the identity of, and amount put forward by, other investors. Liang also alleges that Li forged Liang's na...

Excerpt: ...a T. De Jesus Torres Zalaverria commenced this action against Zhen Chao and Wang Xueying for (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment and possession of the property; (3) nuisance; and (4) negligence. On November 21, 2019, Plaintiffs identified Doe 1 as Sola Impact Fund II-SPV LLC. On February 11, 2020, Defendants Zhen Chao and Wang Xueying filed the instant motion for determination of good faith settlem...

Excerpt: ...despite the third-parties' knowledge of the plaintiff's claimed interest in the property. On July 12, 2019, Plaintiff Arlon B. Arellano commenced this action against Mission Property Investments Inc., Yaquelinda Martin, and Juan Martin Pena for (1) breach of contract – specific performance and damages; (2) breach of implied covenant of good faith and fair dealing; (3) declaratory relief; (4) quiet title; and (5) cancellation of instrument. On A...

Excerpt: ...ave withdrawn the request to depose Mr. Schachter and this motion could have been taken off-calendar, thus saving the Court and its staff the time and expense of analyzing an unopposed and perhaps unneeded motion. BACKGROUND: Plaintiffs Hazel E. Rivera, by and through her successor-in- interest, Alvaro Coronel; Alvaro Coronel; and Oscar Rivera commenced this action on March 29, 2019 against Defendants 1100 S. Alvarado St. LLC dba Olympia Convales...

Excerpt: ...ted by Defendants against Plaintiff Anchor Loans, LP, resulting in Plaintiff being defrauded out of no less than $464,903.39. Plaintiff alleges that “through a combination of fraud and gross negligence, Defendants took advantage of California's Property Assessed Clean Energy . . . (‘PACE') program and reduced Plaintiff's senior security interest in 16510 Knollwood Drive, Granada Hills, CA 91344 (the ‘Property') to a fourth position lien, ca...

Excerpt: ...(“Cedars”) on March 11, 2019. The Complaint asserts causes of action for (1) premises liability, (2) negligence, and (3) breach of California's Confidentiality of Medical Information Act. Plaintiff dismissed the third cause of action without prejudice on April 22, 2019. The Complaint alleges in pertinent part as follows. Cedars owns and controls a hospital located at 8700 Beverly Boulevard, Los Angeles, CA 90048 (“Premises”). On January 6...

Excerpt: .... However, the Court is not sure why defendants bothered to file this motion. The granting of the motion as to this one cause of action will not change the course of the trial, nor will it change how much (if anything) Plaintiff could recover from defendants. Thus, although defendants are correct as to the law, it appears that this motion accomplishes nothing more than wasting time and money. The Court also does not understand why this motion is ...

Excerpt: ... first amended complaint (“FAC”) the next day on September 15, 2017 against Defendant NBA Automotive, Inc. d/b/a Hooman Chevrolet of Culver City for (1) disability discrimination in employment, pursuant to Govt. Code § 12940(a); (2) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability, pursuant to Govt. Code § 12940(n); (3) failure to reasonably accommodate disabilities, pursuan...

Excerpt: ...about October 13, 2018.” (Complaint, ¶ 10.) At the time of his termination, Plaintiff alleges he was a “processor” for Defendant's aerospace industry business that has a primary focus on metal fishing and plating. (Ibid.) Throughout his employment, Plaintiff consistently performed the essential duties of his job competently and to Defendant's complete and total satisfaction. (Ibid.) Plaintiff alleges that he experienced a work-related inju...

Excerpt: ... Bandele, Young Joo Kim, LA Central Animal Hospital, and Central Orange County Emergency Animal Hospital. The operative first amended complaint, filed August 10, 2018, asserts causes of action for: (1) Negligence; (2) Trespass to Chattel; (3) Negligent Breach of Bailment; (4) Intentional Infliction of Emotional Distress; (5) Fraud; (6) Misrepresentation; and (7) Deceptive Practices (Civ. Code § 1770). This action arises out of injuries sustained...

Excerpt: ...tion against Defendants Staples, Inc., Staples Contract & Commercial, LLC, Jeffrey Roman Narlock, and Charisse Clay for (1) Equal Pay Act violation; (2) discrimination based on gender; (3) unlawful sexual harassment in violation of FEHA; (4) failure to prevent discrimination and retaliation; (5) retaliation; (6) sexual assault and battery; and (7) wrongful termination in violation of public policy. Plaintiff alleges that when she was promoted to ...

Excerpt: ...iolation of Civil Code section 1793.2 subdivision (d); (2) violation of Civil Code section 1793.2 subdivision (b); (3) violation of Civil Code section 1793.2 subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; and (6) fraud. On May 1, 2019, the Court denied Defendants' motion for change of venue. On July 26, 2019, the Court denied BMW NA's motion to compel arbitration. On September 4, 201...

Excerpt: ...d on “a prime-time news network criminally doctoring interview footage in order to manufacture entirely false admissions of multi-million dollar felony financial crimes by an award nominated actress and award winning luxury real estate developer by editing unequivocal denials to inflammatory interview questions with admissions to fabricated criminal accusations.” (FAC, ¶ 2.) On April 17, 2019, Plaintiffs Susan Hannaford and Marquessa Margoli...

Excerpt: ...s. (Complaint, ¶¶ 1, 10.) Plaintiff prays for punitive damages in the amount of $24.19 Million. (Complaint, ¶ 14.) Plaintiff alleges that Defendants did not obey a subpoena for another case in front of Judge Mark S. Arnold. (Id. at p. 4.) Plaintiff also alleges that Defendant Marcos Escalante is liable for false imprisonment and planting false evidence against him. (Ibid.) On November 14, 2019, the Court sustained Defendant County of Los Angel...

Excerpt: ...or to ruling on these motions. (See Department 34 Trial Orders, part VI(B).) The Court orders the parties contact Department 34's judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference. BACKGROUND: On June 7, 2016, Plaintiff Stonewall Construction, Inc., a general contractor engaged in the business of constructing commercial and residential structures, entered into a construction contract with AME Capi...

Excerpt: ...3) Motion to Compel Further Responses to Form Interrogatories – Employment Law Moving Party: Plaintiff Julia Nachman Resp. Party: Defendants Citigroup Global Markets, Inc. and Greenwich Street Commercial Mortgage, LLC, (4) Motion to Compel Further Responses to Requests for Production of Documents Moving Party: Plaintiff Julia Nachman Resp. Party: Defendants Citigroup Global Markets, Inc. and Greenwich Street Commercial Mortgage, LLC, Plaintiff'...

Excerpt: ...ustee's business partners without the settlor/trustee's consent. On December 19, 2008, Charles L. Weber established The Weber Living Trust and on September 12, 211, as settler and trustee, he amended and restated the trust. (Complaint, ¶ 8.) On August 16, 2013, Charles L. Weber died, and San Pasqual Fiduciary Trust Company and Timothy McAdam became successor co-trustees of the trust. (Id. at ¶ 8.) Prior to his Weber's death, he was a partner wi...

Excerpt: ...eting and sale of non-psychotropic cannabidiol-based products (“CBD Products”). On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 2019 filed a first amended complaint (“FAC”) against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business ...

Excerpt: ...ook account; (4) account stated; (5) quantum meruit; and (6) foreclosure of mechanic's lien. Unique alleges that on September 10, 2013, it entered into a written contract with Kroh whereby Unique agreed o provide labor, materials, and equipment to construct an improvement on the subject property. (Complaint, ¶ 8.) Kroh agreed to pay Unique the contract price, any additional costs with a 9% markup in the event that there was a change in the appro...

Excerpt: ...ore, and Jade Davis commenced this action against Milagro Romero and Clementina Bolanos for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. Milagro Romero and Clementina Bolanos filed a cross-complaint on May 31, 2019, a first amended cross-complaint on August 5, 201...

Excerpt: ...r to the FACC is OVERRULED. BACKGROUND: This action is brought by fourteen tenants in a shopping center against the owner of the shopping center and related parties. On April 17, 2019, Plaintiffs Mojgan Nassirbegli, Sue Zuckerman, Piece Collective, LLC, L.A.U.S.A., Inc., DVC, Inc., Duo Business Services, Inc., Switch California Corporation, Jayde's Enterprise, LLC, BG Jazz Grill, LLC, Galati, LLC, MG Restaurants, LLC, VRX Holdings, LLC, Holy Juic...

Excerpt: ...tiffs Gavin Henderson and Jeannie Henderson commenced this lemon law action against Defendant General Motors for (1) violation of Civil Code section 1793.2(d); (2) violation of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of express warranty; (5) breach of implied warranty; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. On January 21, 2020, Defendant filed the instant demu...

Excerpt: ...er 6 since March 01, 2014. GOD is suing 4106 Rosewood Corporation over the grounds of Hatred and Discrimination against GOD. The Defendant sought to evict the plaintiff for the motive of renting out the property at a much higher rate than the rent controlled $1200 rent on a monthly basis. Bella Kay had tried to evict God and Masoumeh Mohajer on July 26, 2017 but the honorable MARK A. BORENSTEIN Case number 17U05576 ordered in favor of Mohajer def...

Excerpt: ...ed on gender; (3) unlawful sexual harassment in violation of FEHA; (4) failure to prevent discrimination and retaliation; (5) retaliation; (6) sexual assault and battery; and (7) wrongful termination in violation of public policy. Plaintiff alleges that when she was promoted to a Field Sales Director, Defendants did not treat her the same as the other male Field Sales Directors and compensated her less than similarly situated males. (Complaint, �...

Excerpt: ...ect Vehicle" or "Vehicle"). The Vehicle was manufactured and warranted by Defendant FCA US, LLC. Along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) years/100,000 mile powertrain warranty, and would conform the Vehicle to the applicable express warranties. On October 1, 2018, Plaintiff commenced this action a...

Excerpt: ... stems from their misclassification of employees, failure to pay wages, failure to provide meal, and rest periods, failure to reimburse employees for business expenses, and unlawful deductions. On December 27, 2018, Plaintiffs Julio Cesar Martinez Diaz, Irma Padilla Gomez, Luis Humberto Montalvo, Mariano A. Saravia, Osman R. Garcia, Eber F. Linares, Carlos A. Ramirez, Felipe Sagrero, Armando Henriquez, Alejandro Garcia, Ricardo Franco, and Leodan...

Excerpt: ... stems from their misclassification of employees, failure to pay wages, failure to provide meal, and rest periods, failure to reimburse employees for business expenses, and unlawful deductions. On December 27, 2018, Plaintiffs Julio Cesar Martinez Diaz, Irma Padilla Gomez, Luis Humberto Montalvo, Mariano A. Saravia, Osman R. Garcia, Eber F. Linares, Carlos A. Ramirez, Felipe Sagrero, Armando Henriquez, Alejandro Garcia, Ricardo Franco, and Leodan...

Excerpt: ...Commerce Club's motion had merit, he should have simply dismissed his cross-complaint, thus saving the Commerce Club the time and expense of writing its motion, and saving the Court the time and effort of analyzing this motion. The Court would be interested in hearing from Mr. Ngo's attorney why he chose to neither oppose the motion nor dismiss his cross-complaint. BACKGROUND: On October 11, 2018, Plaintiff California Commerce Club, Inc. commence...

Excerpt: ...y, and Troy Ruff commenced this action against Ned Bassin, Rosalind Bassin, as trustees of the Bassin Family Trust for (1) breach of implied warranty of habitability; (2) breach of the statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. Plaintiffs, current or former tenants of Defendants, allege that Defendants failed to correct su...

Excerpt: ...n to compel arbitration is DENIED. South Bay BMW's motion to stay the proceedings is DENIED. PRELIMINARY COMMENTS: The Court is denying these motions for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our Courts grant BMW NA and South Bay BMW's motions. Since there are arbitration provisions in virtually every lease agreement, upholding Defendants' motions to compel arbitration ...

Excerpt: ...ttorney General Act of 2004). On August 26, 2019, Plaintiff James Taylor, in his representative capacity under the Private Attorney General Act (“PAGA”) filed a first amended complaint against Defendant Amazon Flex for (1) violation of California Labor Code section 2698 et seq. (Private Attorney General Act of 2004). On November 14, 2019, the Court approved the parties' stipulation to allow for the filing of a Second Amended Complaint. On Nov...

Excerpt: ...19, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants Sylvester Stewart, Allan Law Group, P.C., and Scheper Kim & Harris, LLP for (1) malicious prosecution; (2) abuse of process; (3) intentional infliction of emotional distress; (4) costs of suit; and (5) declaratory relief. On November 8, 2019, the Court overruled Defendant's demurrer to the FAC on the basis of standing and statute of limitations; overruled the demurrer as...

Excerpt: ...seeing tour market after it obtained a Certificate of Public Convenience and Necessity as a Passenger Stage Corporation from the Public Utilities Commission of State of California (“CPUC”). (Complaint, ¶ 7.) Plaintiff alleges that starting in May 2019, Defendant Big Bus Tours Los Angeles began operating as a tour bus sightseeing company in direct competition with Starline, and as a CPUC licensed Passenger Stage Corporation to provide bus tou...

Excerpt: ... Plaintiff's opposition cuts-and-pastes (or “snips”) sections from Defendants' MPA. It would be more readable if Plaintiffs quoted Defendants' words, rather than pasted a screen-shot of Defendants' words. BACKGROUND: This lawsuit arises out a dispute between realtors concerning the sale of James D. Olson's real property. Plaintiffs Remax Titanium Team Nuvision (“Remax”) and Rudy Kusuma allege James Olson executed a purchase agreement and ...

Excerpt: ... 2017, Defendants Li Fan Lee, Pan Yee Hung Lee, and Connie Lee filed their answer. On January 13, 2017, Defendant Wing Lee filed an answer to the complaint. On March 23, 2017, the Court set trial for December 4, 2017. On October 19, 2017, pursuant to a stipulation, the Court continued trial and all discovery cut-off dates to May 11, 2018. On April 17, 2018, pursuant to an ex parte application, the Court continued trial and all discovery cut-off d...

Excerpt: ...gli, Sue Zuckerman, Piece Collective, LLC, L.A.U.S.A., Inc., DVC, Inc., Duo Business Services, Inc., Switch California Corporation, Jayde's Enterprise, LLC, BG Jazz Grill, LLC, Galati, LLC, MG Restaurants, LLC, VRX Holdings, LLC, Holy Juice, LLC, and Eden by Eden Sassoon Pilates, Inc. (“Plaintiffs” or “Glen Center Tenants”) commenced this action against The Glen Development Company, Glen Centre GP, LLC, Wendy Goldman and Pamela Goldman (�...

Excerpt: ... 10, 2018. The second amended complaint was filed on December 7, 2018, asserting causes of action for violations of the Song-Beverly Act (breach of express warranty, breach of implied warranty, and violation of Section 1793.2) as well as fraudulent inducement (concealment, intentional misrepresentation, and negligent misrepresentation). Plaintiff alleges Defendants Volkswagen Group of America, Inc. and Trans Ocean Motor Co., Inc. DBA Volkswagen P...

Excerpt: ...covenant of good faith and fair dealing; (3) breach of contract negligence; (4) restitution (unjust enrichment); and (5) declaratory relief. Nakatsu alleges that he was introduced to Liao from a prior existing company, US Chinese Law Associates, LLC, for an EB3 application referral, and US Chinese Law Associates, LLC was run by fraudulent and criminal “Con Artist professionals” who caused Plaintiff to become a victim of fraud and identity the...

Excerpt: ...s SUSTAINED without leave to amend as to the ninth cause of action. Defendants Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB, as Trustee of Upland Mortgage Loan Trust A's request for judicial notice is GRANTED. PRELIMINARY COMMENTS: This demurrer is unopposed, yet plaintiff has not indicated that he is planning on filing an amended complaint. On November 22,20-19, the Court sustained Defendant Magnum Property Investment'...

Excerpt: ...s by reference Plaintiff's Separate Statement of undisputed facts as if fully stated herein.” (Opposition, p. 2:21-22.) This is improper. A party may not incorporate other, lengthy pleadings in an attempt to avoid statutorily-imposed page limits. The Court questions why some of Defendant's 15 evidentiary objections were even interposed. For instance, in objections nos. 4-8, Defendant objects to Plaintiff's statements that he was previously laid...

Excerpt: ...summary judgment are DENIED. PRELIMINARY COMMENTS: Pursuant to California Rules of Court, rule 8.74(b)(2)(A), the format of documents filed electronically must be text-searchable while maintaining original document formatting. Cross-Complainants have failed to comply with Rule 8.74(b)(2)(A) in that none of the documents they electronically filed were text-searchable. The Court directs the parties that they must comply with California Rules of Cou...

Excerpt: ...f Pasadena, Dana Orent, Dianne Harris, Mark Lillienfeld, Mike Rodriguez, Johnny Brown, and Gary Sica, asserts causes of action for (1) Violation of Civil Rights; (2) Conspiracy to Violate Civil Rights; (3) False Imprisonment; (4) Intentional Infliction of Emotional Distress; and (5) Malicious Prosecution. Plaintiffs allege they were arrested on May 21, 2013, as suspects in the murder of Johnis Demar Jackson on June 21, 1997. Plaintiffs allege tha...

Excerpt: ...o the first cause of action must be sustained as against Kwan. It is not clear to the Court why Defendant Kwan's counsel insists on arguing this issue. BACKGROUND: Plaintiff LA Live Properties, LLC's action arises from the alleged breach of a lease agreement (the “Lease”) in connection with a property located at 800 West Olympic Boulevard, Suite A-120, Los Angeles, CA 90015 (the “Property”). On August 15, 2019 Plaintiff filed a complaint ...

Excerpt: ...t's motion for judgment on the pleadings is GRANTED as to Julian Bakery's third, fourth, fifth, eighth, and ninth causes of action and DENIED as to Julian Bakery's second, eleventh, and thirteenth causes of action. For the Defense Nutrition Motion, Eagle Mist and Kevin Laughlin's request for judicial notice is DENIED as superfluous. For the Julian Bakery Motion, Eagle Mist's request for judicial notice is DENIED as to Exhibit A and DENIED as supe...

Excerpt: ...in, as trustees of the Bassin Family Trust for (1) breach of implied warranty of habitability; (2) breach of the statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. Plaintiffs, current or former tenants of Defendants, allege that Defendants failed to correct substandard living conditions at the apartment they rented from Defendants...

Excerpt: ...ed to properly record the actual hours Plaintiff worked and failed to compensate Plaintiff for all wages he was entitled. (Id. at ¶¶ 42-46.) Plaintiff alleges that “as a direct and exclusive result of the Plaintiff's overburdened schedule, and the resulting physical and emotional consequences of working that schedule, Plaintiff was compelled to file a claim for workers' compensation against IN FOCUS due to extreme stress and anxiety arising o...

Excerpt: ...“Unique”) commenced this action against Defendants Eri Kroh and Hankey Capital, LLC for (1) breach of written contract; (2) common count; (3) open book account; (4) account stated; (5) quantum meruit; and (6) foreclosure of mechanic's lien. Unique alleges that on September 10, 2013, it entered into a written contract with Kroh whereby Unique agreed to provide labor, materials, and equipment to construct an improvement on the subject property....

Excerpt: ...al representative and successor in interest, and also suing derivatively and for the benefit of Antone Nino and Nasrin Shakeri Nino, a partnership) The Special Motion to Strike the entire FAC is DENIED. PRELIMINARY COMMENTS: It was improper for Defendant Nasrin to file a special motion to strike as the “motion to strike” under a “Demurrer with Motion to Strike” reservation. There is authority for the regular motion to strike to be filed c...

Excerpt: ...nal representative and successor in interest, and also suing derivatively and for the benefit of Antone Nino and Nasrin Shakeri Nino, a partnership) The Special Motion to Strike the entire FAC is DENIED. PRELIMINARY COMMENTS: It was improper for Defendant Nasrin to file a special motion to strike as the “motion to strike” under a “Demurrer with Motion to Strike” reservation. There is authority for the regular motion to strike to be filed ...

Excerpt: ... Administrator's motion for summary judgment is GRANTED. BACKGROUND: This lawsuit arises out a dispute between realtors concerning the sale of James D. Olson's real property. Plaintiffs allege Olson executed a purchase agreement and joint instructions with DLA Investments, LLC that listed Plaintiffs as the brokers. Plaintiffs also allege that before escrow closed William Tong, who is the principal of Golden Land Investments & Financial, Inc. (“...

Excerpt: ...ing the apartment in good faith, Plaintiff alleges that Defendant Clara Seneca resides at another property she owns less than a mile away from the apartment. Plaintiff Gina Minervini commenced this action on December 27, 2018 against Defendants Clara Seneca, Jeff Hirschfeld, 1128 Euclid Street, LLC, Rachel Sene, and Jay Johnson for (1) violation of the Unruh Civil Rights Act; (2) violation of the Santa Monica Rent Control Law, Art. XVIII, Section...

Excerpt: ...igned by Hany Malek on behalf of Scandin. Scandin was to be the marketing and management arm of a medical company called West Reginal Vacular Surgeons (“WRVS”) owned by Dr. Harold Tabaie. (Complaint, ¶ 6.) In April of 2015, as part of the agreement, Plaintiff gave Hany Malek $75,000.00 as a partial loan and partial investment into Scandin, in exchange for a 7.5% equity interest in the companies Hany Malek was organizing (“the Project”). ...

Excerpt: ...ailure to engage in good faith interactive process; (3) disability discrimination; (4) failure to prevent discrimination and retaliation; (5) retaliation in violation of the Fair Employment and Housing Act; and (6) wrongful termination in violation of public policy. Plaintiff alleges that his employer, Defendant, terminated his employment as an Account Executive after he took an approved medical leave for his disability of sleep apnea, high blood...

Excerpt: ...fs, The Cochran Firm California and Dunn Law, APC dba “The Cochran Firm California,” allege that Ibiere Seck departed the firm as of December 31, 2018, taking certain clients previously retained by Plaintiffs with her in her private practice. Plaintiff assert that “the need for declaratory relief presented herein pertains to those cases and clients that Seck did not take with her, and pertains to a case originally retained by [Plaintiffs], ...

Excerpt: ...dually. Petitioner requests that the Court confirm a Financial Industry Regulatory Authority Dispute Resolution (“FINRA”) arbitration award. ANALYSIS: A. Legal Standard Any party to an arbitration in which an award has been made may petition the court to confirm, correct, or vacate the award. (Cal. Code of Civ. Proc. §1285.) When a petition to confirm an award is filed, the superior court has four courses of conduct available: to confirm the...

Excerpt: ...nauthorized use of Plaintiff's telephone number on Defendants' credit card, bank account, and billing statements. On August 6, 2019, Defendant Hi-Tek Auto Protection filed a notice of stay of proceedings caused by United States Bankruptcy Court Case No.: 2:19-bk-17461-ER. On August 7, 2019, Plaintiff filed an objection and opposition to the notice of stay of proceedings. On November 8, 2019, the Court denied Plaintiff's motion to quash notice of ...

Excerpt: ... Breach of Operating Agreement; (5) Breach of Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty. Liang alleges Li induced Liang to invest $5.4 million into Hollywood Garden, LLC, for the purpose of purchasing property located at 6140 Hollywood Boulevard, but defrauded Liang with respect to the identity of, and amount put forward by, other investors. Liang also alleges that Li forged Liang's name to obtain a $4 million deed of ...

Excerpt: ...lman “assisted in creating false telephone evidence” to falsely convict Hanford. (Id. ¶ 7.) Lochard planned Plaintiff's arrest “with no evidence.” (Id. ¶ 9.) During the arrest, Lochard warned Plaintiff that he would shoot her if she ran away. (Id.) Then, parole agent Bryant threw Plaintiff against the wall, took her shoes and “hit her and said do ‘not ask charges.'” (Id.) Lochard did not inform Plaintiff of her Miranda rights and ...

Excerpt: ...the following three properties to Greenfield: APN's: 6316-006-010; 6316-006-017; 6316-006-013 (“the Atlantic Property”) and in exchange, McHugh was to receive a note for $1,000,000.00 secured by a Deed of Trust on these properties; (2) Remove any existing lien, including assignment of rents or mortgage of $500,000.00 on the Atlantic Property; (3) Deed the following five properties to Greenfield: APN's: 8137-020-026; 8137-020-028; 3350-004-113...

Excerpt: ... Defendant is playing possum and taxing the system under the rubric of a Demurrer.” (Opposition, p. 2:3-6.) The Court agrees that this demurrer will ultimately achieve little if any practical benefit and that Defendants could have more expeditiously found out the information they seek by propounding discovery. The Court also notes that this may be the first demurrer it has sustained in a Lemon Law case. Nonetheless, for the reasons indicated be...

Excerpt: ... Defendants 1100 S. Alvarado St. LLC dba Olympia Convalescent Hospital; Golden State Health Centers, Inc.; Raymundo Romero, M.D.; William A. Martinez; Samaritana Medical Clinic, Inc.; Lock Han K; Tea K.; Vanna Chris Sok; and Tocankiep Dara for: (1) elder abuse/neglect; (2) elder abuse/financial; (3) negligence; (4) negligent hiring, supervision, and retention; (5) willful misconduct; (6) violation of residents' rights; and (7) wrongful death. Pla...

Excerpt: ...port of Petition, p. 5:3-5 [citing Farkas Decl., Ex. A, ¶ 12].) On October 6, 2011, Petitioner and Respondent entered into a joint venture agreement (the “JV Agreement”) to create JP-KBS Richardson Holdings, LLC (the “JV”). The purpose of the JV was to own, develop, and manage commercial real estate located in Richardson, Texas (the “JV Property”). (Id. at p. 5:6-9 [citing Farkas Decl., Ex. B, ¶¶ 10, 16-17].) The parties to the JV ...

Excerpt: ... On December 20, 2018, Plaintiff filed an amendment to the complaint to substitute the fictitious names of Doe 1 to Mercury Insurance Company and Doe 2 to California Automobile Insurance Company. On February 11, 2019, Plaintiff filed her first amended complaint (FAC) against Defendant California Insurance Company for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; and (3) declaratory relief. On February 13, 2019, De...

Excerpt: ...al Infliction of Emotional Distress; and (3) negligent retention and supervision. Plaintiff then filed a first amended complaint on February 22, 2018. On May 18, 2018, Plaintiff filed a second amended complaint (“SAC”) for the same causes of action as the complaint and first amended complaint. Plaintiff alleges Defendant Aaron Eichler sent a sexually graphic picture Plaintiff through LinkedIn (SAC, Exh. 3) and that one SunTrust entity was Def...

Excerpt: ...ainst Belen Matias for (1) breach of contract; (2) common counts; (3) common counts; (4) common counts; (5) fraud (intentional misrepresentation); and (6) elder abuse. (Complaint, ¶ 8.) On May 13, 2019, the Court overruled Belen Matias' demurrer to Edward Russell's complaint. On May 23, 2019, Belen Matias filed a cross-complaint against Edward Russell for (1) breach of contract and (2) fraud. On July 22, 2019, the Court overruled Edward Russell'...

Excerpt: ...bles Bakery Co.'s baked products. (Complaint, ¶¶ 21, 7.) Plaintiff alleges she was a full-time, non-exempt employee who performed her job duties satisfactorily until she was wrongfully terminated on June 19, 2017 due to her disability and/or medical condition of severe abdominal pain and cramps. (Id. at ¶¶ 22-34.) On August 29, 2018, Plaintiff commenced this action against Defendants Bubbles Devine Bakeries, Inc., Kagen Nalian Enterprises, In...

Excerpt: ...hat Defendant Clara Seneca would be moving into and occupying the apartment as her primary residence. Instead of occupying the apartment in good faith, Plaintiff alleges that Defendant Clara Seneca resides at another property she owns less than a mile away from the apartment. Plaintiff Gina Minervini commenced this action on December 27, 2018 against Defendants Clara Seneca, Jeff Hirschfeld, 1128 Euclid Street, LLC, Rachel Sene, and Jay Johnson f...

Excerpt: ...ion to oppose the motion. However, Defendant requested that the Court rule on the motion, stating that the basis of its motion was a Statute of Limitations argument that was not affected by §473c(h) concerns. Plaintiff stated that their argument under section 473c(h) was simply a “catch-all” argument, and joined in Defendant's request that the Court take this matter under submission and rule on the Motion for Summary Judgment. Having taken t...

Excerpt: ...NC Commercial Real Estate Inc. aka CNC Properties' duplex property that are subject to the City of Los Angeles' Rent Stabilization and Tenant Habitability Ordinances. (FAC, ¶¶ 2-3, 6.) Plaintiff has continuously lived in the upstairs unit according and pursuant to the terms of the leave even though the original lease term expired in or about September 2014. (FAC, ¶ 6.) Starting when Defendant Kang purchased the property and Defendant CNC Prope...

Excerpt: ...tion on January 5, 2018. On January 7, 2019, the Court granted Plaintiff's motion to file a First Amended Complaint adding five causes of action. Plaintiff's operative First Amended Complaint states causes of action for: (1) Breach of Implied Warranty of Merchantability; (2) Breach of Express Warranty; (3) Violation of Song-Beverly Consumer Warranty Act; (4) Violation of Consumers Legal Remedies Act; (5) Intentional Misrepresentation; (6) Neglige...

Excerpt: ...violation of Song-Beverly Act – breach of implied warranty; and (3) violation of Song-Beverly Act Section 1793.2. On June 28, 2019, Plaintiff filed his first amended complaint (“FAC”) for (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 Section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – ...

Excerpt: ...onal distress; (4) negligent infliction of emotional distress; and (5) negligent hiring, retention, and supervision. Plaintiff alleges that while he was at the hospital, Doe One, an unknown male technician, groped and fondled Plaintiff. (Complaint, ¶¶ 10-12.) Plaintiff alleges that Defendant “Kaiser breached its duty of care because it knew or should have known that Doe One was unfit for the specific tasks to be performed as a technician. Spe...

Excerpt: ...efendant Nationstar Mortgage LLC (erroneously sued as Nationstar Mortgage) Resp. Party: Eddie Turner The Court GRANTS U.S. Bank's motion for summary judgment. The Court GRANTS Nationstar's joinder to the motion for summary judgment. PRELIMINARY COMMENTS: I. Plaintiff's opposition to the motion for summary judgment was filed on 12/31/2019 and is untimely. This is not the first time that Plaintiff has filed an untimely opposition. On October 8, 201...

Excerpt: ...partments, Mayer Moizel, and Mayer Moizel Revocable Trust. On May 10, 2019, Plaintiff filed the first amended complaint (“FAC”) against Defendants for (1) breach of warranty of habitability (Civil Code section 1941.1); (2) breach of warranty of habitability (Health and Safety Code section 17920.3); (3) premises liability and negligence per se; (4) negligence; (5) negligent infliction of emotional distress; (6) intentional infliction of emotio...

Excerpt: ...(1) partition; (2) waste; and (3) unjust enrichment. Plaintiff alleges that she and her sister, Defendant Ellena Metchikoff, each hold a one-half undivided interest as tenants in common with the right of survivorship in certain real property in the City of Montebello. (Complaint, ¶¶ 5, 7-9.) Plaintiff alleges that “during the period Defendant has resided at the property, Defendant has not paid rent, failed to contribute her share of property ...

Excerpt: ...ust, Longneedle Entertainment, Inc., Sean Carroll, and Mackensie Carroll for (1) breach of contract; (2) breach of guaranty; (3) claim and delivery; (4) fraud; (5) negligent misrepresentation; (6) theft; (7) foreclosure of deed of trust; and (8) injunctive relief/specific performance. On July 28, 2017, the Court ordered arbitration pursuant to a stipulation by Plaintiff and Defendants Mary Carole McDonnell, individually and as trustee of The Mary...

Excerpt: ...laint (“FAC”) the next day on September 15, 2017 against Defendant NBA Automotive, Inc. d/b/a Hooman Chevrolet of Culver City for (1) disability discrimination in employment, pursuant to Govt. Code § 12940(a); (2) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability, pursuant to Govt. Code § 12940(n); (3) failure to reasonably accommodate disabilities, pursuant to Govt. Code § ...

Excerpt: ...fense counsel time and the Court time, and would have saved defendants the attorneys fees associated with this motion. BACKGROUND: Monique Kal MClendon, individually and as Guardian ad Litem for Justin Amoray Williams- McClendon (jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated...

Excerpt: ...Amallal, Chase (USA) International, Yoon Heo, Apparel House, Inc., L.A. Grand Clothing, Inc., and LA Fashion Hub, Inc. for (1) breach of contract; (2) conversion; (3) use of stolen property (Penal Code § 496); (4) negligence; (5) breach of fiduciary duties; (6) unfair business practices (Business & Professions Code § 17200 et seq.); and (7) accounting. Plaintiff is a manufacturer of clothing items, which are distributed and sold at a variety of...

Excerpt: ... Court on September 11, 2019. Plaintiff's motion to compel inspection of Defendant's mobile telecommunication devices is DENIED. BACKGROUND: Plaintiff Gina Minervini commenced this action on December 27, 2018 against Defendants Clara Seneca, Jeff Hirschfeld, 1128 Euclid Street, LLC, Rachel Sene, and Jay Johnson for (1) violation of the Unruh Civil Rights Act; (2) violation of the Santa Monica Rent Control Law, Art. XVIII, Section 1806; (3) common...

Excerpt: ...004f005c00030016000f[ 2019 <00030029004c004f004800 000300150014000f0003[2019 <0003000300030003000300 00240058004a00580056[t 26, 2019 <000300030037004b004800 00490052005500030052[rder termination action and for monetary sanctions is DENIED. Counsel for Plaintiff to give notice. Background This employment action arises from allegations that Defendant Hydraulics International Inc (“Defendant”) discriminated against Plaintiff Winfred Stamps (“P...

Excerpt: ...ounsel truly believed Plaintiff's counsel should have been disqualified, this motion should have been set prior to trial BACKGROUND: On November 2, 2018, Plaintiff Youngsoo Yoo commenced this action against Chulwoo Kim aka Gabriel Kim for (1) breach of promissory note; and (2) common count. Plaintiff alleges that on or about September 21, 2017, Defendant, for valuable consideration, made, executed, and delivered to Plaintiff his promissory note i...

Excerpt: ...nter, Inc. (“Defendant”). The complaint alleges that while Plaintiff was employed by Defendant from in or around January 15 through in or around July 2015, Defendant violated numerous provisions of the California Labor Code. The complaint alleges six causes of action: (1) failure to provide meal and rest periods; (2) failure to pay overtime wages; (3) failure to pay minimum wages; (4) failure to pay wages due upon termination; (5) failure to ...

Excerpt: ...30015001c000f[ 2019 <00030029004c004f004800 000300150019000f0003[2019 <0003000300030003000300 00360048005300570048[mber 3, 2019 <000300030037004b004800 00550003005700520003[the second amended complaint is OVERRULED and the request to sever the plaintiffs' claims for purposes of trial is DENIED. Counsel for the Plaintiffs to give notice. BACKGROUND This action arises from allegations that the City of Los Angeles, Los Angeles World Airports (“Def...

Excerpt: ...and Jade Davis commenced this action against Milagro Romero and Clementina Bolanos for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On May 31, 2019, Milagro Romero and Clementina Bolanos filed a cross-complaint against Marian Knight Wilson, Abdeluh Martin, Theores...

Excerpt: ...d faith and fair dealing; and (3) violation of California's Unfair Competition Act (“UCL”). Plaintiff alleges that Defendant improperly handled water damages claims to the mobile home owned by Plaintiff. (Complaint, ¶ 1.) On February 19, 2019, Defendant filed a notice of removal to federal court. On April 19, 2019, the federal court remanded the case to this Court. On August 6, 2019, the Court denied Defendant's four motions to compel discov...

Excerpt: ...rt's decision and how each party believes the decision impacts this demurrer. Defendants' requests for judicial notice are GRANTED. Plaintiffs' request for judicial notice is GRANTED. BACKGROUND: On August 7, 2018, Plaintiffs Staffit Enterprises, Inc. and Michelle C. Anderson (“Plaintiffs”) commenced this action against Defendants Liberty Labor, LLC and Vincent Licata (“Defendants”) for (1) breach of oral contract; (2) fraud- intentional ...

Excerpt: ...“Defendants”) alleging a cause of action for negligence. Plaintiff alleges that on December 23, 2015, Plaintiff tripped while walking on a raised sidewalk owned, maintained and controlled by Defendants. On May 11, 2017, the City filed a cross complaint against Los Angeles County Metropolitan Transportation Authority (“Metro”) alleging indemnification, apportionment of fault and declaratory relief. On September 18, 2017, Plaintiff amended ...

Excerpt: ...his informal discovery conference. BACKGROUND: On September 25, 2018, Plaintiff Brittney Erwin commenced this Lemon Law action against Defendant General Motors, LLC (“Defendant” or “GM”) for (1) violation of Civil Code section 1793.2(d); (2) violation of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; and (6) violatio...

Excerpt: ... Oaks, LLC for (1) violation of Song-Beverly Consumer Warranty Act; (2) Breach of Implied Warranty of Merchantability; (3) Negligent Repair; and (4) Misrepresentation. On August 6, 2019, Plaintiff filed the instant motion for attorney's fees and costs. ANALYSIS: A. Discussion Plaintiff moves for an award of attorney's fees and costs as the prevailing party pursuant to a stipulation between the parties. (Motion, pp. 1:25-2:1.) Plaintiff asserts th...

Excerpt: ...ty College District and Anett Patron for (1) Discrimination in Violation of Gov. Code §§12940 et seq.; (2) Harassment in Violation of Gov. Code §§12940 et seq.; (3) Retaliation in Violation of Gov. Code §§12940 et seq.; (4) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Gov. Code §§12940(k); (5) Declaratory Judgment; and (6) Retaliation (Labor Code §§1102.5, 1102.6). Plaintiff brings this action against h...

Excerpt: ...os Contreras Defendant's motion for summary judgment as to Plaintiff Victor Morante is DENIED. Defendant's motion for summary judgment as to Plaintiff Carlos Contreras is DENIED. Defendant's motions for summary adjudication as to the seventeenth cause of action for Plaintiffs Contreras and Morante are GRANTED. Defendant's motion for summary adjudication for Plaintiff Victor Morante as to the first, second, third, tenth, eleventh, fifteenth, sixte...

Excerpt: ..., LLP, in the reduced amount of $2,100.00. BACKGROUND: Plaintiffs Donna Meekins, by and through her successor in interest Latoya Doss, and Latoya Doss individually, commenced this action on May 30, 2018, against Defendants Manchester Convalescent Hospital, Inc., Vitas Healthcare Corporation of California, Vitas Hospice Services, LLC, Vitas Healthcare Corporation, Chemed Corporation, Donta Miller, and Shanica Holloway for: (1) dependent adult abus...

Excerpt: ...ase, Ltd. and Santander Consumer USA, Inc. dba Chrysler Capital (“Defendants”) for: (1) violations of the Vehicle Leasing Act; (2) violations of the Consumer Credit Reporting Agencies Act; and (3) violations of the Unfair Competition Law (brought on behalf of Plaintiff and the General Public). Plaintiff alleges that the Statutory Notice Defendants issued to Plaintiff, with the illegal Early Termination Administrative Charge, is standard notic...

Excerpt: ...entative action complaint against Defendant Deluxe Entertainment Services Group, Inc. for (1) Civil Penalties Under the Private Attorneys General Act (“PAGA”) (California Labor Code §§ 2698, et seq.). Plaintiff alleges that he and other individuals were previously or are currently employed as credit analysts by Defendant who, according to its website is “the world's leading video creation to distribution company offering global, end-to-en...

Excerpt: ...ory damages. Cross-Defendants' request for judicial notice is GRANTED. BACKGROUND: On February 26, 2019, Trellis Research Inc. commenced this action against Andrew Thaler for (1) intentional interference with contractual relations and (2) declaratory relief. Trellis Research Inc. alleges Andrew Thaler and Nicole Clark formed a partnership to create a legal research company called Trellis Research Inc. and then Andrew Thaler set out on a destructi...

Excerpt: ...ndant Raymond Sipperley (“Sipperley” or “Defendant”) on May 25, 2018 by filing a complaint for (1) declaratory judgment; (2) breach of partnership agreement; and (3) breach of fiduciary duty. The action stems from a partnership agreement between Astra and Sipperley, where Sipperley allegedly breached the partnership agreement and caused Astra harm. Astra also asserts that a New York action filed against Astra by Sipperley for a breach of ...