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Excerpt: ...ractices, and fraud. Plaintiff seeks recovery for Defendant's alleged failure to properly maintain the rented premises where Plaintiff resided. On April 2, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff filed his opposition on May 2, 2024. Defendant filed its reply on May 8, 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, ...

Excerpt: ...ter) 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, 2023. O...

Excerpt: ...ion to compel arbitration. Defendant appealed the order, and the case was stayed accordingly. On April 4, 2024, Plaintiff filed the instant motion to lift the stay pending appeal. Defendant filed its opposition on April 25, 2024. Plaintiff filed her reply on May 1, 2024. DISCUSSION I. Automatic Stay Under Code of Civil Procedure section 916(a), “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed...

Excerpt: ...can Guard Services, Inc. filed the instant motion to compel arbitration. Plaintiff filed her opposition on April 24, 2024. Defendant filed its reply on May 1, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate t...

Excerpt: ...laint on March 4, 2024, naming as Defendants the State of Cali fornia and the California Department of Financial Protection and Innovation. Through this action, Plaintiff challenges Financial Code section 3902, which states that “[a]n operator shall not accept or dispense more than one thousand dollars ($1,000) in a day from or to a customer via a digital financial asset transaction kiosk.” Plaintiff alleges that the daily cap harms cryptocur...

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: ... (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: ... 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: ... 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: ...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: ...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: ... (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: ...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...