Excerpt: ...o the chemical gadolinium throughout 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 ...

Excerpt: ...ntiff 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 Tejas...

Excerpt: ...uesting accommodation. Plaintiff alleges that she was falsely accused of sexual harassment as a pretext to terminate her. On March 21, 2024, Defendant filed the instant motion for a protective order absolving it of the obligation to respond to certain discovery requests to the extent they seek the personal information of any employee who observed, was subjected to, or reporte d sexual battery against Plaintiff. (Notice of Mtn. 2:4-9.) Alternative...

Excerpt: ...Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. However, Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be tried i...

Excerpt: ... Plaintiffs assert claims stemming from harassment, discrimination 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 March 11, 2024, the Court denied the motion to compel arbitration filed by Defendants Touchstone Golf, LLC and City of Burbank. ...

Excerpt: ...nd default was entered on March 25, 2022. On May 11, 2022, Plaintiff filed the operative First Amended Complaint, asserting (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. Defendants once again failed to respond to the complaint, and default was entered on August 4, 2022, and judgment was granted against Defendants on February 1, 2023. On February 6, 2023, Defendants jointly filed a motion to set aside the default and judgment...

Excerpt: .... The lawsuit stems from an underlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these t ransfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”...

Excerpt: ...nd Amended Complaint on February 23, 2024. The SAC adds Defendant s Carlos Carillo, an individual named Robert, Steve Ballesteros, Stacie Colmon, and John Scanlan. On March 19, 2024, Defendant AUSD filed the instant demurrer and motion to strike. Plaintiff filed his opposition on April 1, 2024. Defendant filed its reply on April 17, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mir...

Excerpt: ...cient facts and were uncertain. Plaintiff filed the operative Second Amended Complaint on February 21, 2023, alleging (1) breach of contract, (2) general negligence, (3) intentional tort, and (4) premises liability. On April 28, 2023, the Court sustained Defendant's demurrer without leave to amend as to every cause of action except premises liability. Plaintiff's remaining claim is based on allegations that Defendant knowingly allowed Plaintiff t...

Excerpt: ... Holdings, LLC (SMG Holdings) filed this action 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 (Seller) and an individual named Andrew Fromm (Fromm) entered into an Equity Purchase Agreement (EPA) with SMG Mountain (Buyer). Under the EPA, SMG Mountain agreed to purchase all outstanding membership inte...

Excerpt: ...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 was 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 that Plaintiffs provided money to Defend...

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: ...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: ... 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: ...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: ... 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: ...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: ...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 ...