Excerpt: ...ceanside, 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, 2021, Defendants Tsas...

Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. 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 opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...

Excerpt: ... (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 sexually assaulted...

Excerpt: ...vices, 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 Dis...

Excerpt: ... (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 sexually assault e...

Excerpt: ...nc. Plaintiff's application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. There is no...

Excerpt: ... for his services. Plaintiff filed the operative First Amended Complaint on January 11, 2024, reducing his claims to (1) breach of written contract, (2) breach of oral contract, (3) fraud, and (4) accounting. On March 13, 2024, Defendant McKesson Corporation filed the instant demurrer to the first and fourth causes of action in the FAC. Plaintiff filed his opposition on April 22, 2024. Defendant filed its reply on April 26, 2024. LEGAL STANDARD A...

Excerpt: ... 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 alleges that he 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 his c...

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