Excerpt: ...ctive Relief to Restrain Illegal Expenditure and Waste of Public Funds and Resources pursuant to California Code of Civil Procedure section 526(a). On April 5, 2019, the Court denied Plaintiff's request for injunctive relief and judgement was entered in favor of Defendant for the complaint filed by Plaintiff on October 16, 2017. On April 30, 2019, Defendant filed a memorandum of costs, seeking $8,133.00. On May 17, 2019, Plaintiff filed a motion ...

Excerpt: ...for Production, Set No. 1 is GRANTED. Plaintiff's motion to compel further response to his Form Interrogatories, General, Set No. 1 is DENIED. Plaintiff's motion to compel further response to his Form Interrogatories, Employment, Set No. 1 is GRANTED. Plaintiff's motion to compel further response to his Special Interrogatories, Set No. 1 is GRANTED as to Numbers 8-11 and DENIED as to Number 7. Plaintiff's request for sanctions is GRANTED in the a...

Excerpt: ...tions on Englekirk is GRANTED in the amount of $1,600.00 for the motion to compel further responses to form interrogatories and the amount of $2,260.00 for the motion to compel further responses to special interrogatories, for a total amount of $3,860.00. BACKGROUND: The instant action arises from the injury of several plaintiffs on a hospital construction site, when a portion of the construction collapsed. Three actions were ultimately filed, be...

Excerpt: ...nding the resolution of plaintiff's related action before the Workers Compensation Appeals Board (“WCAB.”) On April 2, 2018, Plaintiff filed a First Amended Complaint (“FAC”) against defendant for: (1) declaratory relief; (2) breach of contract; and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff alleges that it entered into an Excess Workers Compensation Policy with Defendant that was effective from October 2...

Excerpt: ...charge, (3) appropriation of name or likeness, (4) violation of Labor Code sections 226, 1198.5, and 432, (5) injunctive relief, (6) accounting, and (7) declaratory relief. ANALYSIS: I. Judicial Notice PES's request to take judicial notice of three court documents filed in this court is GRANTED. (Evid. Code, § 452(d)(1).) Scranton's opposition request to take judicial notice of a court document filed in this court is GRANTED. (Evid. Code, § 452...

Excerpt: ...ould be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be amended a third time, he should have asked the Court for leave to amend. The Court questions whether counsel's non-action serves his client's interest. BACKGROUND: Plaintiff Nasser Sedaghat died while a resident at Defendants Tarzana Health and Rehabilitation Center and Kamran Kamrava, M.D.'s care center. Plaintiff's son, as successor in int...

Excerpt: ...ny and Galpin Motors, Inc. (“Defendants”) for violations of statutory obligations. Plaintiff alleges that on August 19, 2017, he purchased a 2017 Ford F-150 vehicle from Defendant Galpin Motors, which was manufactured or distributed by Defendant Ford Motor Company. (Complaint, ¶ 8.) Plaintiff alleges that in connection with the purchase of the vehicle, Plaintiff received an express written warranty, during the warranty period the vehicle dev...

Excerpt: ...ip-and-fall. Plaintiff's opposition to the demurrer is all of one page long. The opposition also contains an additional one-page declaration signed by plaintiff's attorney. The Court has ignored the declaration because: 1) it is hearsay; and 2) extrinsic evidence is not considered on a demurrer. As indicated below, the opposition does not address the issues raised in the demurrer. Although plaintiff's counsel has been an active member of the Stat...

Excerpt: ...atment for his weight and sleep apnea, Plaintiff took the "offer" of a leave of absence.” (Opposition, p. 2:19-20.) Plaintiff's counsel misuses the expression “Hobson's choice.” The Court recognizes that people often use the term “Hobson's choice” to mean a choice between two bad alternatives, but this is not what the expression means. Rather, a Hobson's choice is a take-it-or-leave it offer; one either accepts the offer or take...

Excerpt: ...a Rostami, and AM Solution to Investment, LLC (“Defendants”) for (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit. Plaintiff's assignor Sepehr Omrani seeks unpaid legal fees and costs for attorney services provided to Defendants. On September 25, 2018, the Court held the final status conference where there were no appearances by or for Defendants nor any communication with the Court as to why there was...

Excerpt: ...; (2) breach of fiduciary duty; (3) tortious interference with prospective economic relationships; (4) fraud; (5) constructive fraud; (6) theft/conversion; (7) constructive fraudulent transfers; and (8) unfair competition. On July 2, 2018, Chase Metals filed an amendment to the complaint, substituting Justin Ivester for Doe 1. On September 25, 2018, Chase Metals filed an amendment to the complaint, substituting Wilshire Metals Group, LLC, for Doe...

Excerpt: ...aliation; (6) wrongful discharge; (7) failure to pay minimum wages; (8) failure to pay wages and overtime; (9) rest-break liability; (10) meal period liability; (11) violation of Labor Code § 226(a); (12) violation of Labor Code § 221; (13) violation of Labor Code § 203; (14) violation of Business & Professions Code §17200 et seq.; and (15) failure to comply with written request to inspect or copy records. On February 13, 2019, Plaintiff file...

Excerpt: ...t Deborah Perlman. On February 15, 2019, Plaintiff filed its first amended complaint (“FAC”) against its former employees, Defendants Deborah Perlman and Emma Richardson, for (1) breach of contract; (2) breach of duty of loyalty; (3) intentional interference with business relations; (4) Unfair Business Practices [Bus. & Prof. Code § 17200 et seq.]; and (5) conversion. Plaintiff alleges that while employed by Plaintiff, Defendant Perlman set ...

Excerpt: ...ing; and (3) declaratory relief. 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 ...

Excerpt: ...nd Karlin Holdings Limited Partnership (“Plaintiffs”) commenced this action on April 20, 2018 against Defendants MLG Automotive Law, Jonathan Michaels, and Robert Duringer (“Defendants”) for: (1) intentional interference with contractual relations; and (2) intentional interference with prospective economic benefit. This action arises out of Plaintiffs' efforts to collect on a judgment entered in their favor. In 2011, Plaintiffs obtained a...

Excerpt: ...ED. Defendant's motion for summary adjudication as to the punitive damages is DENIED. Defendant's motion for summary adjudication as to whether after-acquired evidence negates Plaintiff's claim for damages is DENIED. PRELIMINARY COMMENTS: The Court reminds plaintiff's counsel that it decides Motions for Summary Judgment based on the law and the evidence provided; sophomoric rhetorical flourishes and attacks on the opposing party's pleadings (see,...

Excerpt: ...ovenant of good faith and fair dealing; (3) breach of warranty of habitability; (4) breach of quiet enjoyment; (5) nuisance; (6) Business & Professions Code §17200; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) negligence; (10) fraudulent misrepresentation; (11) negligent misrepresentation; (12) respondeat superior; and (13) landlord harassment. Plaintiff alleged she was harmed during her t...

Excerpt: ...A), the format of documents filed electronically must be text-searchable while maintaining original document formatting. Plaintiff has filed to comply with Rule 8.74(b)(2)(A) in that none of the documents it electronically filed were text-searchable. The Court directs Plaintiff that it must comply with California Rules of Court regarding proper electronic filing. The Court also wonders why Plaintiff decided to pursue a formal motion, instead of m...

Excerpt: ...aye W. McClure for (1) breach of contract; (2) open book account; and (3) account stated. On August 25, 2015, entry of default was filed with the Court and on August 27, 2015, judgment of default was entered by the Clerk for Plaintiff. On April 17, 2019, Defendant filed her motion to vacate void judgment. On May 5, 2019, Plaintiff filed its opposition to the motion to vacate void judgment. ANALYSIS: Defendant moves the Court to vacate the default...

Excerpt: ...econd 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 Pasadena (“Defe...

Excerpt: ...ff commenced this action on April 14, 2018, against defendant for: (1) pregnancy discrimination; (2) retaliation; (3) violation of California Pregnancy Disability Leave Act; (4) wrongful termination in violation of Fair Employment and Housing Act; (5) wrongful termination in violation of public policy; (6) unpaid wages and waiting time penalty. On January 25, 2019, during a motion to compel hearing, both parties' counsels conferred with the Court...

Excerpt: ...for judicial notice is GRANTED. BACKGROUND: On December 28, 2018, Plaintiff Glendale Surgery Partners, LLC (“Plaintiff” or “GSP”) commenced this action against Defendants Richard Alan Weise, M.D. and Orange Medical Partners, LLC (“Defendants”) for (1) breach of fiduciary duty; (2) set aside void and fraudulent transfers under Civil Code §§ 3439 et seq.; (3) set aside void and fraudulent transfers under common law; (4) equitable inde...

Excerpt: ...ron Lopez and Guadalupe E. Ceron (“Plaintiffs”) commenced this action on January 18, 2018, against Defendant Ford Motor Company, for: (1) Breach of Express Warranty; (2) Breach of Implied Warranty; and (3) Violation of Song-Beverly Act § 1793.2. On April 12, 2019, Plaintiffs filed the instant motion to enforce settlement and motion for sanctions. On May 6, 2019, Defendant filed an opposition to the motion to enforce settlement and an opposit...

Excerpt: ...lian's objection numbers 1-6, 8-12, 14-16. The Court SUSTAINS Julian's objection numbers 7 and 13. BACKGROUND: Plaintiff Defense Nutrition, LLC commenced this action on August 8, 2016. Defense Nutrition filed a first amended complaint on August 22, 2016 against defendants Julian Bakery Inc. and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian Bakery...

Excerpt: ...is instant petition to confirm the contractual arbitration award between Petitioners and Respondent Jonathan Garrity. This petition is based on Respondent Garrity's alleged fraudulent inducement of Petitioner Maverick Trading Company to enter into the operating agreement for Petitioner Outdoor Order and how Petitioners Julian Anderson and Kelly Anderson were fraudulently induced to fund Maverick Trading Company based on knowingly false representa...

Excerpt: ... Fox Property Holdings LLC are GRANTED. PRELIMINARY COMMENTS: On April 17, 2019, J. Anthony Vittal, counsel for the three witnesses against whom contempt is sought, filed a notice of resignation of counsel. According to his notice of resignation, Mr. Vittal is no longer an active member of the State Bar. The resigntation was filed five days after the application against US Longton was filed, and one day after the applications against China TV Med...

Excerpt: ...Procedure section 430.10(d) for the misjoinder of parties by failing to add the indispensable party of LAFBC. The Court OVERRULES Defendants' demurrer to the entire complaint based on lack of jurisdiction of the subject of the cause of action alleged in the pleading. The Court OVERRULES Defendants' demurrer to the first, third, and fifth causes of action pursuant to Code of Civil Procedure sections 430.10(e) and (f). The Court SUSTAINS Defendants...

Excerpt: ... Fox Property Holdings LLC are GRANTED. PRELIMINARY COMMENTS: On April 17, 2019, J. Anthony Vittal, counsel for the three witnesses against whom contempt is sought, filed a notice of resignation of counsel. According to his notice of resignation, Mr. Vittal is no longer an active member of the State Bar. The resigntation was filed five days after the application against US Longton was filed, and one day after the applications against China TV Med...

Excerpt: ...n March 12, 2019, Defendant brought a demurrer against Plaintiff's fifth and six causes of action within his complaint pursuant to Code of Civil Procedure section 430.10(e) and (f). (Demurrer, pp. 1:28- 2:1.) On March 21, 2019, Plaintiff filed an opposition to the demurrer. ANALYSIS: Defendant demurs to Plaintiff's complaint on the grounds that the fifth cause of action for fraud does not state sufficient facts to constitute a cause of action, pu...

Excerpt: ...amily Trust's request for judicial notice as to its RJN Exs. 1-16. The Court GRANTS Plaintiff's request for judicial notice in its entirety. PRELIMINARY COMMENTS: Plaintiff's attorney states in her declaration: “I currently have a problem with contacting my client. She is 80 years old, in a wheelchair and cannot walk. She also no longer has a phone and lives in a house which is in escrow. When I first filed this case her son Eddie Herring was a...

Excerpt: ...entation; (3) negligent misrepresentation; (4) fraud- concealment;(5) fraud- false promise; (6) intentional interference with contractual relations; (7) negligent interference with contractual relations; (8) unfair business practices; (9) rescission; and (10) accounting. ANALYSIS: Defendants move to quash service of the summons on the ground they were not properly served. A. Relevant Law “A defendant, on or before the last day of his or her tim...

Excerpt: ...y Inc. and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian Bakery, Inc. filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler. Julian Bakery, Inc. filed a first amended cross-complaint on November 14, 2016 against Defense Nutrition, LLC, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach of contr...

Excerpt: ...somewhat puzzling. BACKGROUND: Plaintiff Astra Pacific Outdoor, LLC (“Astra”) commenced this action against Defendant Raymond Sipperley (“Sipperley”) 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 ...

Excerpt: ... (3) intentional trespass to chattels; (4) negligence (trespass to chattels); (5) civil extortion; and (6) violation of business and professions code section 17200. On February 20, 2019, the Court sustained with leave to amend AVC's demurrer to the causes of action for intentional trespass to chattels, negligence (trespass to chattels), civil extortion, and violation of business and professions code section 17200. The Court overruled AVC's demurr...

Excerpt: ...ng certain requested costs that were listed on the Memorandum of Costs. For instance, the Court, in reviewing these pleadings, note that Defendant has requested $60.00 for filing a pleading in the San Diego County Superior Court – a document which has nothing to do with this case. This is work that Plaintiff should have done as part of its Reply – a reply that, the Court notes, was never filed. BACKGROUND: Plaintiff Tower General Contractors,...

Excerpt: ...otion is on behalf of both defendants. However, on the notice of motion, it states that “defendant BMW of NORTH AMERICA, LLC will move this Court” (Motion, p. 2:4-5) and at the end of the motion, it says that “BMW NA respectfully requests this Court to grant this Motion,” (id. at p. 9:3-5) and does not include BMW of Santa Maria's name. The Court will assume that this was just an error and the motion is intended to be brought on behalf of...

Excerpt: ...end. Defendant Bergman's demurrer to Plaintiff Alfred Santos' cause of action for enforcement on contractor's license bond is SUSTAINED without leave to amend. Defendant Bergman's motion to strike the allegations and request of punitive damages found in page 13, paragraph 52, lines 23-28 is GRANTED. Defendant Bergman's motion to strike the allegations and request of punitive damages in page 18, paragraph 3 and page 11, paragraph 45, lines 21-23 i...

Excerpt: ...uma commenced this action on April 12, 2017 against Defendants Golden Land Investment & Financial (“Golden Land”), William Tong, and James Olson for: (1) breach of contract; and (2) intentional interference with contractual relations, arguing Defendants interfered with Plaintiffs' contract of the sale of real property. On October 22, 2018, Plaintiffs substituted the Estate of James Olson for Doe 1. On March 11, 2019, Plaintiffs substituted Jo...

Excerpt: ...the fourth cause of action for intentional tort. PRELIMINARY COMMENTS: This demurrer is unopposed. The Court finds such silence to be troubling. If plaintiff believed that the demurrer should be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be dismissed or amended, he should have agreed to do so when meeting-and- conferring with defendants. Had he done so, the court and its staff would not have ha...

Excerpt: ...ced this action on August 8, 2016. Defense Nutrition filed a first amended complaint on August 22, 2016 against defendants Julian Bakery Inc. and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian Bakery, Inc. filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler. Julian Bakery, Inc. filed a first amended cross-...

Excerpt: ... 2.109, it makes it more difficult for this Court to refer to the filed pleadings. The Court expects counsel to comply with all Rules of Court in future pleadings. BACKGROUND: Plaintiff Mohammad Talaie, in propria persona, commenced this action on February 4, 2019 against Defendants Behzad Haidarinesh Boushehri, Azin S. Rad, and Shannon Boushehri for (1) breach of contract; (2) common count; (3) open book account; and (4) fraud. Plaintiff, who is...

Excerpt: ...ction work Plaintiff performed on Defendant Colin Condren's single-family residence. On October 4, 2017, a notice of related case was filed and on October 12, 2017, the Court found that the following cases are related: BC666058 (Boswell Construction, Inc. v. Colin Condren), BC671718 (D&D Construction Specialties, Inc. v. Colin Condren, et al.), and 17STLC02569 (CalPortland Company v. Colin Condren, et al.). On December 22, 2017, Defendant Colin C...

Excerpt: ...“Plaintiffs”) commenced this action on December 18, 2018 against Defendants Cecilia Hylon and Double H Corporation (“Defendants” or “Defendants/Cross-Complainants”) for (1) actual/perceived disability harassment; (2) actual/perceived disability discrimination; (3) actual/perceived disability retaliation; (4) failure to engage in the mandatory good-faith interactive process; (5) failure to accommodate; (6) race/national origin harassme...

Excerpt: ... quiet enjoyment; (5) nuisance; (6) Business & Professions Code §17200; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) negligence; (10) fraudulent misrepresentation; (11) negligent misrepresentation; (12) respondeat superior; and (13) landlord harassment. Plaintiff alleged she was harmed during her tenancy from July 2017 to February 2018 at Olive DTLA, due to loud music being played on an ad...

Excerpt: ...31, 2018 against Defendants PVRT Holdings Corp. and Kevin Kamrani for recognition and enforcement of foreign money judgment pursuant to Code of Civil Procedure section 1713 et seq. Plaintiff asserts that it timely and completely performed its obligations under an advertising service contract but Defendants failed to perform their duty to compensate Plaintiff for services rendered. (Complaint, ¶ 5.) On August 14, 2017, Plaintiff filed a Statement...

Excerpt: ...America, N.A., First American Title Company, Grand California Properties, Inc., Gitta Van Bennekom, Melinda R. Maman, Round Up Marketing, LLC, and Akinola Adesanya, asserting causes of action for: (1) fraud and conspiracy against the Baltimore Defendants; (2) unjust enrichment against the Baltimore Defendants; (3) RICO Act against the Baltimore Defendants; (4) negligence against FATC; (5) negligence against Maman; and (6) negligence against Van B...

Excerpt: ... Rodrigo A. and Irene A. Sinohui Living Trust Dated April 1, 2010 (“Trustees”) and Coast Savings and Loan Association for: (1) declaratory relief; (2) partition; (3) and accounting. Lopez asserts that she is a one-half owner of a multi-family residential four unit real property and that Trustees own an undivided one-half interest in the property. (Complaint, ¶¶ 1-2.) Lopez contends that tenants are in possession of the property and have bee...

Excerpt: ... practices; and (4) writ of attachment. Plaintiff asserts that pursuant to a written contract for employment, in the event of her layoff, she was to be provided three months wages as a severance, amounting to $50,000.00. (Complaint, ¶ 8.) Plaintiff asserts that the $50,000.00 wages remains due and owing by Defendant to Plaintiff. (Id. at ¶ 13.) On February 19, 2019, Defendant moved to compel the arbitration agreement. On April 11, 2019, Plainti...

Excerpt: ...laint substituting MJK, LLC for Doe 1. On November 27, 2018, the Court granted Plaintiff's ex parte application for an order substituting Ben Safyari in place of Daneshrad Law Firm, APC. On February 13, 2019, the Court ordered the complaint filed by Daneshrad Law Firm APC on January 18, 2018 dismissed with prejudice. On February 21, 2019, Defendants MJK LLC and Joe Klein filed a memorandum of costs, seeking $2,964.08. On March 3, 2019, Plaintiff ...

Excerpt: ...ction on April 12, 2017 against Defendants Golden Land Investment & Financial (“Golden Land”), William Tong, and James Olson for: (1) breach of contract; and (2) intentional interference with contractual relations, arguing Defendants interfered with Plaintiffs' contract of the sale of real property. On October 22, 2018, Plaintiffs substituted the Estate of James Olson for Doe 1. On March 11, 2019, Plaintiffs substituted Joanna Alamillo, as Ad...

Excerpt: ...mplied warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; (6) nuisance; and (7) negligent maintenance of premises. The action contains allegations of habitability violations Plaintiff endured as a tenant of Defendant's property. On February 27, 2019, Defendant brought a motion to strike Plaintiff's first amended complaint. On March ...

Excerpt: ...conspiracy against the Baltimore Defendants; (2) unjust enrichment against the Baltimore Defendants; (3) RICO Act against the Baltimore Defendants; (4) negligence against FATC; (5) negligence against Maman; and (6) negligence against Van Bennekom. The Baltimore Defendants are Round Up Marketing, LLC and Akinola Adesanya, who have not appeared in this action. Plaintiff alleges he represented the Hitchcocks with respect to the sale of one piece of ...

Excerpt: ...n Bakery Inc. and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian Bakery, Inc. filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler. Julian Bakery, Inc. filed a first amended cross-complaint on November 14, 2016 against Defense Nutrition, LLC, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach o...

Excerpt: ...ries as well as Plaintiff's request for production of documents. (Motion to Compel, pp. 1:27-2:4.) For this motion to compel, Plaintiff paid the filing fee of one motion, instead of two. (Motion to Compel, Exh. C [“Make a Reservation”].) The Court has inherent equity, supervisory and administrative powers as well as inherent power to control the litigation before it. (Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1377.) These inherent p...

Excerpt: ...MINARY COMMENTS: This demurrer is unopposed, yet plaintiff has not indicated that she is planning on filing an amended complaint. The Court finds such silence to be troubling. If plaintiff believed that the demurrer should be overruled, she should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, she should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended c...

Excerpt: ...d a Second Amended Complaint (“SAC”) against defendants for: (1) sexual battery; (2) violation of civil rights; (3) negligent retention and supervision; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. Plaintiff alleges that she had made multiple complaints to the Sheriff's department about her ex-husband's continuous violations of a Court-ordered restraining order. Eventually, plaintiff sp...

Excerpt: ...red Bitcoin worth $101,604.12 to Defendant's account and Defendant failed to return the Bitcoin. (FAC, ¶¶ 7-13.) On July 19, 2018, the Court granted Plaintiff's ex parte application for writ of attachment in the sum of $101,604.12 against any property in California of defendant Elmaz Nouri and Plaintiff was to post an undertaking in the sum of $10,000.00. (Minute Order 07/19/18.) On March 5, 2019, Defendant's new counsel, Douglas J. Rosner, fil...

Excerpt: ...1, 2018, Patriot filed its second amended complaint (“SAC”) against Defendants Thomas Scranton (“Scranton”), Rudy Balik, Michael Rudley, Steve Isgro, Gerald Barrera, OFRS, Inc., Accuworx USA, Inc., and Accuworx West, LLC for: (1) breach of contract (employment agreement); (2) intentional interference with contract; (3) intentional interference with prospective economic advantage; (4) breach of fiduciary duty; (5) aiding and abetting breac...

Excerpt: ...ense is titled “Thirt‐Sixth [sic] Separate and Affirmative Defense.” BACKGROUND: Plaintiff commenced this action on December 18, 2018 against Defendants Villa Esperanza Services, Damion Lee, and Angela Gilbert (“Defendants”) for (1) violation of FEHA; (2) failure to provide reasonable accommodation in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) retaliation for taking medical leave in vio...

Excerpt: ... commenced this action on March 20, 2018 against Defendants for: (1) constructive fraudulent transfer; (2) shareholder liability for dissolved corporation (under Corporations Code §§ 2009- 2011); and (3) improper corporate distribution (Corporations Code § 316). The Court granted Defendants Xuan Hua Wang, Ai Fen Li, and Fan Chung Chang's motion for summary judgment on February 15, 2019. On February 26, 2019, Defendants Xua Wang, Ai Fen Li, and...

Excerpt: ...Trust's request for judicial notice as to its RJN Exs. 1-16. The Court GRANTS Plaintiff's request for judicial notice in its entirety. BACKGROUND: Plaintiff Nocqula Jones (“Plaintiff”) commenced this action on February 20, 2018 against Ricky Darnell Bridges, First Pinnacle Capital Group, Inc., and Does 1-20 in a complaint to set aside fraudulent conveyance and impose a constructive trust relating to real property located on Lot 36 of Gotham P...

Excerpt: ...Bakery Inc. and HeathSquier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian Bakery, Inc. filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler. Julian Bakery, Inc. filed a first amended cross-complaint on November 14, 2016 against Defense Nutrition, LLC, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach of c...

Excerpt: ...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 the Implied Warranty of Merchantability; (6) Violation of the Magnuson-Moss Warranty Act; (7) and Fraud by Omission. Plaintiff alleges that he purchased a 2011 Chevrolet Equinox vehicle that was manufactured and/or distributed by Defendant, and this vehicle contained certain defects that Defendant was aware...

Excerpt: ...paragraphs 8-27 to be a waste of time. The fact that other courts may have approved counsel's lodestar requests is irrelevant to this Court's analysis. Further, such a selective recitation is, by its nature, biased and hence scientifically unsound. If plaintiff's counsel wishes to include a spreadsheet showing the outcome of every motion for attorney's fees in every lemon law case it has tried, the Court might consider such evidence to be rel...

Excerpt: ... Plumbing, Inc. and Spy Rooter, Inc. dba The Sewer Spy on March 13, 2018, asserting causes of action for (1) Negligence; (2) Trespass; and (3) Private Nuisance. Plaintiffs allege that Defendants negligently and/or recklessly performed construction work that created a blockage of raw sewage that ultimately led to the exposure of sewage to Plaintiffs' property. (Complaint, ¶¶ 9-12.) On May 2, 2018, Plotke Plumbing filed a cross-complaint against ...

Excerpt: ...rd of Education for Injunctive Relief to Restrain Illegal Expenditure and Waste of Public Funds and Resources pursuant to California Code of Civil Procedure section 526a. On January 23, 2019, Defendants filed an ex parte application for a trial continuance and included a declaration of a third party, Dr. Mark Skvarna, whose unavailability created the basis for the continuance. (Defendant's Ex Parte Application to Continue Trial, p. 2:18-19; Skvar...

Excerpt: ...n for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation 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...

Excerpt: ... misrepresentation; (3) dependent adult financial abuse; (4) negligence; (5) violation of Penal Code § 496(c); (6) cancellation of instrument; and (7) quiet title. Espinoza alleges her son and his girlfriend, Defendants Edward Carlos Gonzalez III (“Gonzalez”) and Maria De Los Angeles Garcia (“Garcia”) conspired with their real estate agent, Dynasty R.E. Inc. (“Dynasty”) and Victoria Valdez (“Valdez”), to fraudulently convince Esp...

Excerpt: ...endants”) asserting causes of actions for (1) wrongful termination in violation of public policy; (2) violation of Labor Code § 1102.5 (PAGA); (3) violation of Labor Code § 226.8 (PAGA); (4) violation of Labor Code § 2802; and (5) violation of Labor Code § 226. Plaintiff alleges that Defendants willfully misclassified her as an independent contractor instead of as an employee during her time working as a physician for Defendants and also th...

Excerpt: ...nuary 26, 2018 and filed their first amended complaint (“FAC”) on September 4, 2018 against Defendant for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) accounting. Plaintiffs allege that Defendant breached its contractual agreement with Plaintiffs by failing and/or refusing to issue plaintiffs shares equivalent to 12.5% if the shares of the company, failing and/or refusing to pay to the plainti...

Excerpt: ...gainst Defendants IV Solutions, Inc., Alireza Varastehpour, and Renee Sadow (“Defendants”) for (1) Violation of the California Insurance Frauds Prevention Act, Insurance Code section 1871.7; (2) Violation of the California Unfair Competition Act, Business & Professions Code section 17200 et seq.; and (3) Fraud and Deceit. Plaintiffs allege that Defendants fraudulently schemed to prepare and present false, fraudulent, and/or misleading health ...

Excerpt: ...nother yet another pleading, raising an additional reason for granting a new trial. The Court also notes that, while apparently not prohibited by statute, it is quite unusual for the prevailing party – in this case, the Plaintiff – to move for a new trial. The Court recognizes that, to the pro per litigant, “law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quo...

Excerpt: ...ion 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 Defendant Eic...

Excerpt: ....65, against defendant. BACKGROUND: Plaintiffs commenced this action on January 26, 2018 and filed their first amended complaint (“FAC”) on September 4, 2018 against Defendant for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) accounting. Plaintiffs allege that Defendant breached its contractual agreement with Plaintiffs by failing and/or refusing to issue plaintiffs shares equivalent to 12.5% o...

Excerpt: ...as done to comply with the Court's Trial Orders, ¶ VII(A), which states: “The DVD . . . should have the relevant pleadings, with the case authority and exhibits hyper‐linked to the references within the pleading itself. Thus, in the memorandum of points and authorities, the case citation should be hyperlinked to the case itself (as is currently done on LEXIS or WESTLAW). Similarly, if the party is citing to a specific exhibit in a Statement ...

Excerpt: ...utriliving LLC (“Defendants”) asserting causes of action for (1) negligence; (2) strict liability- failure to warn; (3) strict liability- manufacturing defect; (4) strict liability- design defect; (5) breach of implied warranty of merchantability; (6) unfair competition in violation of Business and Professions Code § 17200, et seq.; and (7) negligent infliction of emotional distress. Plaintiffs claim that they suffered varying degrees of bur...

Excerpt: ...mpel further responses to special interrogatories is GRANTED in part and DENIED in part (see infra). (2) The motion to compel further written responses and production of documents is GRANTED. (3) The motion to compel further responses to requests for admission has been taken OFF- CALENDAR by Plaintiff. (4) The motion to compel further responses to form interrogatories- employment law is DENIED. Sanctions are awarded in the amount of $1,320.00. BA...

Excerpt: ...On March 18, 2019, that case was consolidated with this case.) The Court finds it strange that there has been no opposition to the Preliminary Injunction requested by Om Sai Ganesh. Nonetheless, the Court will rule on this unopposed motion. BACKGROUND: On May 10, 2018, Plaintiff Olivia Espinoza (“Espinoza”) filed a verified complaint for (1) cancellation of instrument; (2) quiet title; (3) common law fraud-intentional misrepresentation; (4) c...

Excerpt: ...��Plaintiffs”) The motion for terminating sanctions is DENIED. The Court awards monetary sanctions in the amount of $4,290.00 representing eleven hours of work on the motion and preparation and appearance for the hearing at a rate of $390/hour. BACKGROUND: Plaintiff Courtney Sherman, Stephen Webber, Peter Webber, Passive Investments, LLC, David Rosenfield, Ensign Apartments LC, Jean Dethiersant, Jerome Cowan, Edward Griffith, Jeanette Solie, No...

Excerpt: ..., 2018, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant Aaron Dawson, Defendant Eric Lightman, and Alecto Law for: (1) breach of written contract; (2) legal malpractice; and (3) breach of fiduciary duty, alleging that the Defendants, who were Plaintiff's attorneys in a 2015 lawsuit, fell below the standard of professional care required by attorneys and thereby damaged Plaintiff. Defendant Dawson and Defendant Alecto Law br...

Excerpt: ...ompany (“Plaintiff Realtor SFMAIC”) commenced this action on March 24, 2017, when it filed an action against Defendants United Medical Imaging, Iuc., United Medical Imaging Healthcare, Inc., Nasser Heikali, Moosa Heikali, Ebrahim Heikali a/k/a Abraham Heikali, and David Zarian (collectively, "Defendants") under the California Insurance Frauds Prevention Act. Under the California Insurance Frauds Prevention Act, Plaintiff Realtor SFMAI...

Excerpt: ...ractual Duty to Pay a Covered Insurance Claim; (3) Tortious Breach of Implied Covenant of Good Faith and Fair Dealing; and (4) Unfair Trade Practices stemming from damages and injuries incurred by Plaintiff from an automobile accident on October 23, 2016. Plaintiff pleads that she sustained extensive bodily injury and extensive damage to her 2013 Tesla when her vehicle was rear-ended by an unnamed driver in a Hertz rental car who was driving at a...

Excerpt: ...ntiff believed these allegations should remain, he should have filed an opposition stating his authority for his position. The Court is concerned about this apparent lack of professionalism by plaintiff's counsel. BACKGROUND: Plaintiff Charles David Neal, Jr. (“Plaintiff”) filed a verified complaint on June 18, 2018 against Defendant Accurate Termite & Pest Control (“Defendant Accurate”), and Does 1-50, asserting claims for: (1) Retaliati...

Excerpt: ...f Irth Communications commenced this action on February 6, 2018 against Defendant FTE Networks, Inc. for: (1) breach of written contract; (2) open book account; (3) account stated; and (4) quantum meruit. On June 18, 2018, Defendant FTE Networks filed a cross-complaint against Plaintiff and Cross-Defendant Irth for (1) fraud in the inducement; (2) negligent misrepresentation; and (3) breach of contract. On June 19, 2018, Defendant FTE Networks fi...

Excerpt: ...and Does 1 through 20 (“Defendants”) for allegations of gender and sex discrimination and harassment on the basis of pregnancy, as well as interference and retaliation for requesting maternity leave and medical leave under the California Family Rights Act. On September 13, 2018, the Court entered the Stipulated Protective Order- Confidential designations which provides that a party may designate as confidential “personal information.” On ...

Excerpt: ...responses to Special Interrogatories is GRANTED as to Special Interrogatories Nos. 11, 14 and 15. Defendant's motion to compel further responses to Special Interrogatory No. 2 is DENIED. Defendant's motion to compel further responses to RFP Nos. 2 and 4 are DENIED. Defendant's motion to compel responses to form interrogatories is deemed MOOT. Sanctions are awarded in the reduced amount of $120.00. PRELIMINARY COMMENTS: Although Defendant is an at...

Excerpt: ...tment LLC (collectively, “Defendants”), and Doe defendants 1 through 10 for: (1) breach of contract, (2) breach of contract, (3) open book account, (4) account stated, and (5) quantum meruit. The Complaint alleges that Plaintiff's assignor and Defendants entered into a written Attorney-Client Fee Contract, wherein defendants agreed to pay Plaintiff's assignor in exchange for professional services. It is alleged that after Plaintiff's assignor...

Excerpt: ...MENTS: Defendant spends two pages arguing that the Court should strike the “legal conclusions” and the claims of res ipsa loquitur and negligence per se in the FAC. (See Motion to Strike, §§ IV(F) and (G).) While Defendant is legally correct – and hence the Court will grant this motion – this part of the motion is simply a waste of time. Defendant does not achieve anything by striking these irrelevant allegations, and plaintiff would no...

Excerpt: ...violation of Fair Employment and Housing Act; (5) wrongful termination in violation of public policy; (6) unpaid wages and waiting time penalty. Defendant now moves for summary judgment or adjudication as to each cause of action. ANALYSIS: I. Procedural Issues In opposition, Plaintiff requests that the motion be continued. Plaintiff notes that, as of the time of filing the opposition, neither Plaintiff's deposition nor the depositions of Defendan...

Excerpt: ...abib + Associates, asserting causes of action for (1) breach of contract and (2) false promise. Plaintiff alleges Defendant is an engineering firm that misrepresented the work they would perform on a development project and breached their contract by intentionally over-engineering the project and then seeking to charge additional amounts to bring the property in line with the contract. On January 28, 2019, Defendant filed a cross-complaint agains...

Excerpt: ...d (2) equitable relief. ANALYSIS: A. Meet and Confer Effective 1/1/16, Code of Civil Procedure section 430.41 provides, in relevant part: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the de...

Excerpt: ...ening brief to 15 pages, and the reply brief to 10 pages. Plaintiffs' opening brief is 31 pages long; their reply is 18 pages long. Nonetheless, the Court has read and considered both briefs in their entirety. 2. Plaintiff continually refers to the Court as “Judge Lindsay.” (See, e.g., Motion for Attorney's Fees, p. 6:17, p. 6:20, p. 7:5; Opposition to Demurrer, p. 24:25.) The judge assigned to this case is Judge Linfield. 3. The Court is con...

Excerpt: ...intiff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation 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 iden...

Excerpt: ...y claims to have suffered damages of “at least $20,350.” (FACC, ¶ 5.) This case was filed almost 2½ years ago. The Court can only assume that the parties have collectively spent at least $20,350 in litigation costs to-date. This is not good lawyering. The Court also notes that this demurrer was filed August 31, 2018. Instead of spending the money and time on a demurrer, Cross-Defendant could have propounded discovery to determine the facts ...

Excerpt: ... Implied Warranty of Merchantability; and (2) Breach of Express Warranty. ANALYSIS On June 1, 2018, Plaintiff noticed the deposition of Defendant's Person Most Knowledgeable. Plaintiff also sought the production of documents at the deposition. (Barry Decl. ¶ 2.) On June 8, 2018, Defendant responded with objections. (Barry Decl. ¶ 4.) The parties thereafter engaged in a thorough meet and confer process, exchanging numerous letters, but were unab...

Excerpt: ...requests for admissions is GRANTED. Plaintiff's motion to compel further document production at deposition is DENIED. The Court awards sanctions in the amount of $180.00. BACKGROUND: Plaintiff commenced this action on July 12, 2018 against Defendant for: (1) money had and received. This action arises out of the mistaken transfer of bitcoin worth $101,604.12 to the Defendant's account, which Defendant subsequently failed to return to Plaintiff. AN...

Excerpt: ...taliation in violation of Government Code §§ 12940 et seq.; (4) failure to prevent discrimination, harassment and retaliation in violation of Government Code § 12940(k); (5) declaratory judgment; and (6) retaliation (Labor Code §§ 1102.5, 1102.6). The second and fifth causes of action are also alleged against Defendant Anett Patron. ANALYSIS: A. Motion to Strike This case arises out of Plaintiff Hale's employment by Los Angeles Community Col...

Excerpt: ... breach of written warranty pursuant to Magnuson-Moss Warranty Act; (2) breach of implied warranty pursuant to Magnuson-Moss Warranty Act; (3) breach of express warranty pursuant to Song-Beverly Consumer Warranty Act; and (4) breach of implied warranty pursuant to Song-Beverly Consumer Warranty Act. On November 28, 2018, after a four-day jury trial, the jury returned a verdict in favor of Defendant. Judgment was entered in favor of Defendant on N...

Excerpt: ...at already are part of the case file. BACKGROUND: The Plaintiffs filed a complaint on December 23, 2015 against defendants, Sung Chun and Jung Chun, and other defendants. A first amended complaint, second amended complaint, and third amended complaint added additional defendants and causes of action, but did not substantially change the allegations against the Chuns. This analysis focuses on Sung Chun and Jung Chun because they are the moving par...

Excerpt: ...mended complaint, filed June 26, 2018, Plaintiff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation 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, bu...