Excerpt: ...4, Plaintiff filed the instant motion to uphold confidential designation. Defendants filed their opposition on April 8, 2024. Plaintiff filed its reply on April 12, 2024. LEGAL STANDARD The recipient of a document demand may move for a protective order. (Code Civ. Proc., § 2031.060(a).) “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or o...

Excerpt: ... complaint alleges that Plaintiff entered into an oral agreement with Defendants to provide packaging for Defendants' tea product in exchange for $58,462.80. Defendants have allegedly failed to pay the balance of $30,082.80. On March 13, 2024, Defendants Dr. Sebi's Office, Inc. (DSOI) and Agustin Ruiz Miller (Miller) filed the instant demurrer to the complaint. Plaintiff filed its opposition on April 4, 2024. Defendants filed their reply on April...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...legedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, the trustee of Levine's estate, as a Defendant. Plaintiff filed the operative Third Amended Complaint on April 24, 2023. On March 11, 2024, Plaintiff filed the instant two motions to compel further responses to special interrogatories and requests for production. Defendant filed his oppositions on...

Excerpt: ... Bart & Judy's Bakery, Inc. and Bart Greenhut. The complaint alleges the following causes of action: (1) breach of lease; (2) common counts; (3) breach of writte n guaranty; and (4) ejectment. On August 12, 2021, Bart filed a cross-complaint against Plaintiff for negligence and unfair business practices arising from Plaintiff's allegedly improper rent demands and rent increases. Plaintiff voluntarily dismissed the action after Defendant vacated t...

Excerpt: ...ance Company, Globe Life Liberty National Division, and The Green Agencies. Plaintiff has since passed away, and his mother (Terry Casillas) currently pursues the action as Plaintiff's successor-in -interest. On January 8, 2024, Defendant Liberty Life National Insurance Company filed the instant motion to compel arbitration. Plaintiff filed his opposition on March 27, 2024. Defendant filed its reply on April 3, 2024. LEGAL STANDARD “On petition...

Excerpt: ...roughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack of informed consent, (3) med...

Excerpt: ...ayments to be rejected, resultin g in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco were tried in March 2022. The March 2022 trial res...

Excerpt: ...t E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA , LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a higher own...

Excerpt: ...action for breach of contract against Defendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The purported Second Amended Complaint on July 31, 2023 is not properly filed because a party may only amend a complaint once without leave of court. (See Code Civ. Proc., § 472(a).) The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges tha...

Excerpt: ...tive trust, decla ratory relief, interference with contract, and unfair competition. The complaint alleges that Plaintiff and Defendant Pakulis formed a partnership called MarJa for the distribution of marijuana products. Plaintiff and Pakulis purchased Geopulse Exploration, Inc. through which to operate their cannabis production and distr ibution business. Thereafter, Pakulis allegedly betrayed Plaintiff by stealing Plaintiff's proprietary infor...

Excerpt: ...0 on Interstate 5 in Los Angeles. The accident occurred when a vehicle owned by Bekins A -1 Movers, Inc. and driven by Jorge Salcido collided with Plaintiffs' vehicle. The Bekins vehicle allegedly made an unsafe lane change after colliding with another vehicle driven by Moises Medina and owned by Mayelyn Swayze. Plaintiffs als o claim damages from being rear-ended by a vehicle driven by Mario Ulloa and owned by Maria Ulloa. On December 12, 2023, ...

Excerpt: ...g-Beverly Act. On March 6, 2024, Plaintiffs filed the instant motion for leave to file a first amended complaint. Defendant filed its opposition on March 20, 2024. Plaintiffs filed their reply on March 26, 2024. LEGAL STANDARD The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc, §§ 473, subd. (a), 576.) Courts must apply a policy of liberality in permitting amendment...

Excerpt: ... routinely denied pr omotion on the basis of her race. Plaintiff additionally alleges that she has been subjected to retaliation for reporting unlawful hiring practices. On January 22, 2024, Plaintiff filed the instant three motions to compel further responses to form interrogatories, special interrogatories, and requests for production. Defendant filed its oppositions on March 20, 2024. Plaintiff filed her replies on March 26, 2024. LEGAL STANDA...

Excerpt: ...dents: (1) on December 28, 202 1, Plaintiff tripped over a broken sidewalk owned by City of Los Angeles, in front of a building owned by Taylor Equities; and (2) on March 30, 2022, Plaintiff's vehicle was struck by a vehicle driven by Gary Spatz. On February 21, 2023, Spatz filed a cross -complaint against Taylor Equities and County of Los Angeles, asserting indemnity and apportionment. On June 20, 2023, County of Los Angeles filed a cross -compl...

Excerpt: ...liati on, (2) FEHA discrimination, (3) FEHA retaliation, and (4) FEHA failure to prevent. Plaintiff is a detention facility captain employed by the County. (FAC ¶¶ 23, 24.) Plaintiff alleges that Sheriff Villanueva personally intervened in Plaintiff's exercise of her duties and actively undermined Plaintiff's authority. (Id., ¶ 25.) Plaintiff also filed a Policy of Equity (“POE”) complaint against her supervisor, Commander Josie Woolum in ...

Excerpt: ...wired $600,000 to Plaintiff with the expectation that Plaintiff would repay the loan in monthly installments. When Plaintiff defaulted on the loan, Defendant initiated a JAMS arbitration proceeding for breach of contract, relying on an arbitration provision contained in the writing. Plaintiff then initiated this action before the Court for declaratory relief. The operative pleading is the First Amended Complaint (“FAC”), which prays for a dec...

Excerpt: ...ces, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disne...

Excerpt: ...joyment, nuisanc e, negligence, Civil Code section 1942.4, and Unfair Competition Law. On February 21, 2024, Defendants filed the instant demurrer and motion to strike against the complaint. Plaintiffs filed their opposition on March 18, 2024. Defendants filed their reply on March 22, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When conside...

Excerpt: ... and requesting accommodation. On February 26, 2024, Defendant filed the instant demurrer and motion to strike against the defamation cause of action. Plaintiff has not filed an opposition. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles D...

Excerpt: ...for (1) breac h of oral contract, (2) breach of written contract, (3) common count – account stated, (4) quasi-contract, (5) accounting, (6) fraud, and (7) declaratory relief. Plaintiff filed the operative First Amended Complaint on December 20, 2023. Plaintiff is the daughter of decedent Barry Lloyd Dungy, who operated a tax and accounting practice. (FAC ¶ 9.) In May 2021, Plaintiff received an offer from Defendant Kassabian to purchase the c...

Excerpt: ...endant wro ngfully refused to authorize a needed surgery for Plaintiff based on surgery guidelines that were biased and financially-driven. On March 1, 2024, Plaintiff filed the instant motion to compel further responses to her requests for production. Defendant filed a late opposition on March 15, 2024. Plaintiff filed her reply on March 20, 2024. The Court does not find Defendant's late opposition to be prejudicial and proceeds on the merits. L...

Excerpt: ...4. Pe titioner filed its reply on March 12, 2024. 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.” (Code Civ. Proc., § 1285.) A petition shall set forth the substance of the agreement to arbitrate, the names of the arbitrators, and any written opinion of the arbitrators. (Id., § 1285.4.) If the petition is duly served and filed, “the court shall co...

Excerpt: ...laintiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Te...

Excerpt: ...candy product, Blow Pop Minis (the Product). Plaintiff alleges that the size of the Product's packaging suggests a significantly higher quantity of product than is actually found within. Plaintiff alleges that the package is actually less than half full and cont ains an excessive amount of nonfunctional slack fill. Plaintiff is a consumer tester who purchased the Product in Fall 2023 to test compliance and for personal consumption. On February 15...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...nd (2) loss of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Plaintiff filed a proposed judgment on February 15, 2024. Defendant filed her objec...

Excerpt: ... requests for production. Plaintiff filed her opposition on March 7, 2024. Defendant filed his reply on March 13, 2024. LEGAL STANDARD Upon receiving responses to its discovery requests, the propounding party may move for an order compelling further responses if the responses are incomplete or evasive, or objections are without merit or too general. (Code Civ. Proc., §§ 2030.300(a), 2031. 310(a), 2033.290(a).) MEET AND CONFER A motion to compel...

Excerpt: ...f action for: (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexua...

Excerpt: ...es of action for (1) breach of contract, (2) open book account, and (3) account stated. The action arises f rom Defendants' alleged failure to pay for construction materials provided by Plaintiff. On January 19, 2024, Defendant Marciano filed the instant demurrer to the complaint. Plaintiff filed its opposition on March 4, 2024. Defendant filed his reply on March 11, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states ...

Excerpt: ...filed a joint answer through their counsel, Shirley Kenninger. Ms. Kenninger has since substituted out of the case. Defendant Corona is currently representing himself, while Defendant Yanez has retained other counsel. On February 14, 2024, Defendant Corona filed the instant motion to amend his answer on the grounds that the answer mistakenly identifies the owner of the subject property. Plaintiffs have not filed an opposition. LEGAL STANDARD The ...

Excerpt: ...e devices of visitors to its website. Plaintiff alleges that she visited Defendant's website in 2023, whereupon Defendant accessed Plaintiff's device and installed “pen register” and “trap and trace” tracking software. The complaint asserts a single cause of action under CIPA, or Penal Code sections 630 et seq. Plaintiff alleges economic injury and intangible injury to her dignity. Plaintiff alleges that she is entitled to statutory damag...

Excerpt: ...iscrimination and retaliation, wrongful termination, and wage violations. Plaintiffs allege that they experienced and spoke out against sexual harassment and discrimination, and reported illegal or unsafe working conditions, only to suffer retaliation for doing so. On November 22, 2023, the Court granted Plaintiffs' motions to compel Touchstone Golf to produce further responses as to requests for production, interrogatories, and requests for admi...

Excerpt: ...ty, (2) conversion, (3) negligence, (4) receiving stolen property, (5) violation of corporate securities law, and (6) unfair competition. Plaintiff alleges that Defendant is wrongfully retaining his bitcoin. On January 9, 2024, Defendant filed the instant demurrer to the FAC. Plaintiff filed his opposition on February 22, 2024. Defendant filed its reply on February 28, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading state...

Excerpt: ...tion against Defendant and Cross -Complainant SMG Mountain Intermediate Holdings, LLC (SMG Mountain), asserting a single cause of action for breach of contract. The complaint alleges that SMG Holdings and an individual named Andrew Fromm (the Sellers) entered into an Equity Purchase Agreement (EPA) with SMG Mountain (the Buyer). Under the EPA, SMG Mountain agreed to purchase all outstanding membership interests in SMG Holdings. As part of the tra...

Excerpt: ...iled on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportunity to te...

Excerpt: ...ate is $22,699.91. Defendant is the sole member and CEO of Strategic Merchant Partners LLC (Strategic). Plaintiff presently moves to add Strategic as a judgment debtor on the grounds that it is Defendant's alter ego. Plaintiff argues that Defendant is using Strategic to hide assets from collection. There is no opposition to the motion. LEGAL STANDARD “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on ...

Excerpt: ...stant demurrer to the complaint. Plaintiff filed its opposition on February 23, 2024. The hearing on the demurer was advanced to March 1, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states a cause of action or defense. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal...

Excerpt: ...rner. The FAC asserts causes of a ction for (1) fraudulent inducement, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. The dispute stems from a joint venture to distribute COVID tests in 2020. Plaintiffs owned KorvaLabs, Inc., a laboratory with the capability and infrastructure to develop and distribute COVID tests. Defendant Curative, whose CEO is Defendant Turner, partnered with KorvaLabs, and the ...

Excerpt: ...iency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. ( Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (Code Civ. Proc., § 430.30, subd. (a).) A demurrer t...

Excerpt: ...or (1) harassment, (2) discrimination, (3) FEHA retaliation, (4) whistleblower retaliation, (5) failure to take corrective action, (6) violation of POBR, and (7) failure to accommodate. Plaintiffs Sandoval and Parra are Hispanic and allege that they were harassed and discriminated against due to their race. Parra additionally alleges harassment and discrimination based on her gender. Grant and Sandoval are also over 40 and disabled. Plaintiffs ad...

Excerpt: ...r 27, 2023 and January 4, 2024, Plaintiff filed three motions to compel further responses to its Special Interrogatories (Sets Two and Three) and its Requests for Production (Set Two). On January 5, 2024, Defendant filed a motion for protective order pertaining to the same requests. The parties filed their respective oppositions to each motion on February 6, 2024. The parties filed their replies on February 13, 2024. LEGAL STANDARD Upon receiving...

Excerpt: ...g interest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Property in her na me ...

Excerpt: ...Plaintiff filed the operative First Amended Complaint (FAC) o n August 2, 2021, asserting causes of action for (1) discrimination, (2) harassment, and (3) retaliation. Plaintiff alleges that in August 2018, he was hired by LADWP into its electrical apprentice program but was subjected to discrimination, harassment, and retaliation by Williams and other employees, which culminated in his termination in February 2020. Plaintiff alleges that he was ...

Excerpt: ...ting causes of action for (1) legal malprac tice, (2) breach of fiduciary duty, and (3) fraud. On December 8, 2023, the Court granted Defendant Wilshire Law Firm's motion to compel further responses to Requests for Admission Nos. 27, 28, 33 and the associated Form Interrogatory No. 17.1. Plaintiff served supplemental responses on December 23, 2023, which Defendant contends are still inadequate. On January 22, 2024, Defendant Wilshire Law Firm fil...

Excerpt: ...nt was filed on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportuni...

Excerpt: ...laims arising from discrimination, retaliation, and wage violations. On November 3, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff filed her opposition on February 2, 2024. Defendants filed their reply on February 8, 2024. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy th...

Excerpt: ...h Center) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 20...

Excerpt: ...nts with the Schon Tepler name. The complaint asserts (1) breach of contract, (2) open book account, (3) account stated, and (4) reasonable va lue. The dispute stems from a debt that Schon Tepler allegedly owes to State Compensation Insurance Fund (SCIF) arising from two workers compensation insurance policies. Schon Tepler allegedly defaulted on premium payments. SCIF assigned the debt to CAB for collection purposes. On August 16, 2023, Schon Te...

Excerpt: ... deal related to the operation of a restaurant. The FA C asserts claims for dissolution, accounting, unlawful business practice, negligence, fiduciary duty, fraud, and conversion against various corporate and individual defendants. On November 28, 2023, default was entered against Defendants US GC Investment LP, Fu & Sons Investment Capital LLC, and New Prosperity LLC. However, the Court has concurrently granted Defendants' motion to vacate the d...

Excerpt: ...alleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a busine...

Excerpt: ...tion to quash a subpoena issued to nonparty Preferred Bank. Defendants filed their opposition on January 31, 2024. Plaintiff filed its reply on February 6, 2024. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or...

Excerpt: ...d in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substit...

Excerpt: ...ecords; (2) unfair business practices; (3) constructive discharge; and (4 - 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contracto...

Excerpt: ... the Song-Beverly Act. BMW of North America is the only remaining Defendant. On February 28, 2022, this Court granted BMWNA's motion to compel arbitration. The parties thereafter initiated arbitration with JAMS, but subsequently stipulated to return to court. On December 22, 2023, Defendant BMWNA filed a motion to stay the proceedings pending the California Supreme Court's review of the appellate decision in Rodriguez v. FCA US, LLC (2022) 77 Cal...

Excerpt: ... & Klein. Plaintiffs filed the operative First Amended Complaint on January 12, 2021, asserting causes of action for (1) trade libel/slander, (2) intentional and (3) negligent interference with prospective economic relations, (4) interference with contractual relations, (5) unfair competition, (6) intentional infliction of emotional distress, and (7) negligent supervision. The FAC alleges the following pertinent facts. The dispute centers around ...

Excerpt: ...ealth Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8,...

Excerpt: ...tract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Duarte allegedly ...

Excerpt: ...2021. On March 29, 2023, AAA issued an invoice for $23,700 to Defendant, with a deadline of October 24, 2023. To date, Defendant has not paid the arbitrator fee. On January 9, 2024, Plaintiff filed the instant motion to withdraw from arbitration. Defendant filed a notice of non-opposition on January 25, 2024. LEGAL STANDARD “In an employment or consumer arbitration that requires . . . the drafting party to pay certain fees and costs before the ...

Excerpt: ...ity. This action is brought by Decedent's successor-in-interest and Decedent's minor children through a guardian ad litem against County of Los Angeles, Deputy De La Rosa, and Deputy Mercedia Booza. The operative First Amended Complaint was filed on November 3, 2022. On September 22, 2023, Defendant County of Los Angeles served a records subpoena to ustaffing Support Inc. (Ustaffing), Decedent's former employer. Ustaffing has refused to produce d...

Excerpt: ...o establish that he may freely compete against Defendants by soliciting clients from his former employment for Defendants, despite restrictive covenants contained in agreements between the parties. Plaintiff alleges that the covenants are void and unenforceable under California law. Plaintiff also alleges that the forum selection provisions are unenforceable because they violate California's public policy. Defendants moved to dismiss based on for...

Excerpt: ...duciary duty, (2) professional negligence, (3) injunctive relief, (4) constructive fraud, (5) embezzlement, (6) conversion, (7) receipt of stolen property, and (8) accounting. The complaint alleges that Defendants, as attorneys, concurrently represented Plaintiff and two of Plaintiff's minority shareholders even though Plaintiff and the shareholders had conflicting interests. On January 3, 2024, Defendants filed the instant motion to compel arbit...

Excerpt: ...to Judge Keosian in Department 61. According to the complaint, Plaintiff had an insurance policy with Defendant that was in effect from May 2015 to May 2016. In March 2016, Plaintiff was sued in a dog attack case (Peroff Action), and she alleges that Defendant failed to properly investigate the claim, failed to tender a defense, and failed to indemnify Plaintiff. Plaintiff ultimately settled the Peroff Action for $15,528.13 and also incurred atto...

Excerpt: ...ch of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) money lent. On November 2, 2022, the Court granted default judgment for Plaintiff against both Defendants in the total amount of $614,423.47. On December 22, 2023, Plaintiff filed the instant motion for assignment of payment rights. Defendants have not filed an opposition. LEGAL STANDARD “[U]pon application of the judgment creditor on noticed motion, the ...

Excerpt: ...lutions, Inc. (TURSS) was subsequently identified as Doe 1. The complaint asserts causes of action for: (1) violation of ICRAA; (2) invasion of privacy; and (3) declaratory relief. Plaintiffs allege that their privacy has been violated through investigative consumer reports obtained by Defendants in association with Plaintiffs' rental applications. On April 24, 2023, this case was deemed related with numerous other cases against Equity, with the ...

Excerpt: ... on June 8, 2023. The Complaint asserts causes of action for violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Tahoe (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection ...

Excerpt: ...ntiff's individual PAGA claims but deferred ruling on Defendants' request to dismiss the representative PAGA claims pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104. The Court stayed the representative PAGA claims. The Supreme Court subsequently ruled in Adolph that a plaintiff does not lose standing to pursue representative claims simply because her individual claims are compelled to arb...

Excerpt: ...d fair dealing, fraud, breach of implied warranty, violations of the Business and Professions Code, negligence, and elder abuse. On December 27, 2023, Defendants Sunlight Financial and Cross River Bank filed the instant motion to compel arbitration. Plaintiff has not filed an opposition. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to ...

Excerpt: ...perty located in Oceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On March 4, 202...

Excerpt: ...(3) negligence. The complaint stems from the death of Decedent, who committed suicide inside a Marriott hotel room. Plaintiff is Decedent's daughter. (Compl. ¶ 1.) On February 24, 2022, Decedent checked into the hotel amidst a mental health crisis. (Id., ¶ 22.) Upon becoming concerned that Decedent did not appear for a scheduled visit, Decedent's relatives contacted the Moorpark Police Department, which was staffed and operated by the Ventura C...

Excerpt: ...ng, (2) breach of contract, and (3) money due and owing. On December 22, 2023, Plaintiffs filed the instant motion to compel the deposition of Defendant Emerald's PMQ. Defendant filed its opposition on January 8, 2024. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, wi...

Excerpt: ...f good faith and fair dealing. Plaintiff alleges that USAA failed to properly cover his medical costs after he was injured in an auto accident. On November 2, 2023, Defendant USAA Casualty Insurance Company filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an ...

Excerpt: ...ed warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextro...

Excerpt: ...ment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) violation of Civil Code section 1942.4; (6) unfair business practices; and (7) constructive eviction. Plaintiffs are various tenants residing in the subject property, and Defendants are allegedly the owners or managers of the property. Plaintiffs allege that they have consistently complained to Defendants about num...

Excerpt: ... on July 29, 2023, the Court entered default judgment for Plaintiff in the amount of $8,890.53. On December 8, 2023, Defendant filed the instant motion to set aside the default. Plaintiff has not filed an opposition. LEGAL STANDARD “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadverten...

Excerpt: ... 2023, Defendants Jeffrey Breitman and Marla Breitman filed the instant motion to quash service of summons. Plaintiff filed his opposition on January 5, 2023. Defendants filed their reply on January 11, 2024. LEGAL STANDARD “[T]he court in which an action is pending has jurisdiction over a party from the time summons is served on him as provided by Chapter 4 (commencing with Section 413.10).” (Code Civ. Proc, § 410.50(a).) “[A] court acqui...

Excerpt: ...uciary duty, (2) intentional fraud, (3) negligent misrepresentation, (4) elder abuse, (5) financial elder abuse, (6) intentional infliction of emotional distress, (7) negligence, and (8) unfair competition. On December 13, 2023, Defendant Lai filed the instant motion for protective order to preclude discovery into her romantic and sexual life, as well as her financial and business dealings with third parties. Plaintiffs filed their opposition on ...

Excerpt: ...Amended Complaint, filed January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The incident allegedly le...

Excerpt: ...rance policies. JRK is a real estate investment company that owns various hotel and apartment properties. Defendants contend that COVID-related business losses are not covered by the policies. Defendants moved for judgment on the pleadings on the grounds that the language of the policies precludes Plaintiff's recovery. On April 18, 2022, the Court partially granted the MJOP, finding that the presence of COVID on Plaintiff's premises cannot cause ...

Excerpt: ...the instant motion to compel arbitration. Plaintiff filed his opposition on December 28, 2023, one day late. Nonetheless, Defendant was able to file a substantive reply on January 3, 2024. Therefore, the Court will proceed on the merits. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter aris...

Excerpt: ... owned or managed the property at various times throughout Plaintiffs' tenancy. The operative Third Amended Complaint was filed on June 7, 2023. The action now involves sixty-one Plaintiffs. On November 27, 2023, Plaintiffs filed the instant motion for sanctions against Defendant Mashcole Property Management, Inc. based on Defendant's failure to properly respond to discovery after a court order. Defendant filed its opposition on December 27, 2023...

Excerpt: ...) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. On October 6, 2023, the Court partially sustained a demurrer to the complaint, giving Plaintiffs leave to amend their claims for intentional and negligent misrepresentation. On October 26, 2023, Plaintiffs filed the operative First Amended Complaint, assert...

Excerpt: ...e First Amended Complaint on July 31, 2023. Plaintiff alleges that the dealer failed to transfer title to her as promised. As a result, Plaintiff was unable to sell the vehicle. By the time Plaintiff received the title, the vehicle had decreased in value. Plaintiff also alleges that the vehicle had not been previously used as a rental as the dealer represented, but was instead used as a rideshare. On November 27, 2023, Defendants filed the instan...

Excerpt: ...t Moving Party: Judgment Debtor Dr. Leevil SPE LLC Resp. Party: None SUBJECT: Objection to Proposed Judgment, Request for a Hearing if the Objection is not Sustained Moving Party: Judgment Debtor Dr. Leevil, LLC Resp. Party: None The Motion for Reconsideration is DENIED. The Motion to Quash is GRANTED. The Order for Appearance and Examination on Michael Schlesinger is QUASHED. Dr. Leevil SPE LLC's Objection and Dr. Leevil, LLC's Objection are OVE...

Excerpt: ...the implied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultur...

Excerpt: ...l persons claiming interest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Prope...

Excerpt: ...laintiff filed her opposition on December 19, 2023. Defendant filed its reply on December 26, 2023. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs o...

Excerpt: ...on. Plaintiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Plaintiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross-complaint against Plaintiff, Sachin...

Excerpt: ...ed the instant motion to compel arbitration. Plaintiff filed his opposition on December 19, 2023. Defendants filed their reply on December 26, 2023. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceabl...

Excerpt: ...anuary 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The incident allegedly left Plaintiff with severe i...

Excerpt: ...ant's phone records. Plaintiff filed her opposition on December 20, 2023. Defendant filed his reply on December 26, 2023. Plaintiff filed an additional opposition to Defendant's reply on December 27, 2023. This additional opposition is improper and will not be considered. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, up...

Excerpt: ... all persons claiming interest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Pr...

Excerpt: ...cho and mother-in-law of Mr. Camacho. The action concerns real property located in Los Angeles. Plaintiff alleges that she is the owner of the home. Plaintiff is an 84-year-old widower with multiple health issues and only speaks Spanish. In early 2022, Defendants allegedly proposed that in exchange for Plaintiff selling the property to Defendants, Defendants would assist in renovating the property and care for Plaintiff for the remainder of her l...

Excerpt: ... Wellness Group, LLC, and York Healthcare & Wellness Centre, LP. The complaint asserts causes of action for (1) elder abuse and neglect, (2) violation of resident rights, and (3) wrongful death. The complaint arises from Plaintiff Gonzalez's injuries and eventual death allegedly sustained as a result of improper care at a skilled nursing facility. On November 14, 2023, Defendants filed the instant motion for judgment on the pleadings against the ...

Excerpt: ...usic, Inc. Defendants prevailed in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp...

Excerpt: ...ition on November 28, 2023. Defendant filed its reply on December 4, 2023. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent o...

Excerpt: ...umerous instances of other deputies using racial slurs against him. On November 13, 2023, Plaintiff filed the instant motion to obtain personnel records pertaining to himself and Deputy Errol Payne. Defendant filed its opposition on November 27, 2023. Plaintiff filed his reply on December 1, 2023. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive mea...

Excerpt: ...1, 2022. The FAC asserts (1) Labor Code retaliation, (2) FEHA discrimination, (3) FEHA retaliation, and (4) FEHA failure to prevent. Plaintiff is a detention facility captain employed by the County. (FAC ¶¶ 23, 24.) Plaintiff alleges that Sheriff Villanueva personally intervened in Plaintiff's exercise of her duties and actively undermined Plaintiff's authority. (Id., ¶ 25.) Plaintiff also filed a Policy of Equity (“POE”) complaint against...

Excerpt: ...il 25, 2021, Plaintiff purchased a new 2021 Jeep Wrangler (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song-Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Section 1780(e) : “[t]...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...