Excerpt: ...rporation, and Allen Brumer. The SAC asserts causes of action for (1) legal malpractice, (2) accounting malpractice, (3) breach of fiduciary duty, (4) fraudulent concealment, and (5) financial elder abuse. Defendant Lanning and his law firm represented Plaintiff for over thirty years in connection with estate planning. However, unbeknownst to Plaintiff, Defendants also began representing Plaintiff's son, Shervin. Defendants did not disclose this ...

Excerpt: ...Plaintiff in the underlying action because Defendants simultaneously represented two other clients seeking recovery from the same entity. Any recovery by one of the clients would necessarily have reduced the recovery of the others. For statute of limitations purposes, Plaintiff filed the instant action before the underlying case was resolved. The underlying action has since been settled. To handle the resolution in the underlying action, Plaintif...

Excerpt: ...that Defendant 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 ...

Excerpt: ...ay (Kay), and Does 1 through 10, alleging 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 Disney from the 1980s until 20...

Excerpt: ...h of the warranty of habitability, negligence, intentional infliction of emotional distress, nuisance, violation of Civil Code section 1942.4, violation of the Los Angeles Municipal Code (LAMC), and violation of Business and Professions Code section 17200. On July 10, 2023, Plaintiffs filed the instant motion for trial preference based on several Plaintiffs being minors. Defendant Freeman filed his opposition on July 20, 2023. Plaintiffs replied ...

Excerpt: ...ber 2022, the parties agreed to renew their mediation efforts. Thinking that the parties would mediate rather than arbitrate, Defendant inadvertently failed to pay JAMS's initial filing fee within 30 days of the invoice. The parties mediated in January 2023 but were unsuccessful. Immediately after the mediation failed, Defendant paid the JAMS arbitration filing fee. Based on the lateness of this payment, Plaintiff sought to withdraw from arbitrat...

Excerpt: ...was dismissed without prejudice. The case was restored to active status in October 2022 after the failure of arbitration. The order of dismissal was vacated. The complaint alleges that Defendant did not pay for advertising services provided by Plaintiff. On May 24, 2023, Defendant filed a cross-complaint against Plaintiff, alleging that Plaintiff did not provide the services as promised. On June 13, 2023, Cross-Defendant filed the instant demurre...

Excerpt: ...ts. In 2019, M&R engaged Giardino to be the Office Managing Partner (OMP) of M&R's New York City Office. Giardino was defined as an Income Partner under M&R's Partnership Agreement. Giardino allegedly failed to properly manage the NYC office, and he allegedly ran a secret legal services business in competition with M&R. M&R seeks recovery based on breach of contract, bad faith, breach of fiduciary duty, fraud, conversion, inducing breach of contr...

Excerpt: ...s old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 that was due u...

Excerpt: ... violations. As part of discovery, Plaintiff propounded certain Requests for Production to which Defendant Jet Aviation initially objected based on scope. After meeting and conferring, the parties agreed to limit the RFPs to certain date ranges, custodians, and search terms. On July 6, 2023, Plaintiff filed the instant motion to compel compliance with the RFPs because Defendant has not produced the documents by the agreed-upon deadlines. Defendan...

Excerpt: ...us condition at issue, in addition to the already plead theory that Defendant had actual notice of said dangerous condition, based on new facts learned through discovery and a recent Motion for Summary Judgment filed by Defendant. Defendant opposes the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ...ollision. Plaintiff moves to quash the subpoenas issued by Defendants to (1) Kaiser Permanente Southern California; (2) Kaiser Permanente, The Central Release of Information Unit; and (3) Kaiser Permanente Radiology Release of Information Unit. In the alternative, Plaintiff moves for a protective order. Defendants oppose the motion. Plaintiff replies. On June 7, 2023, the original hearing date for the instant motion, the Court continued the heari...

Excerpt: ... an approximately 1,2000 pound, ten foot tall, video wall fell down from a stage upon Plaintiff Tracey Iraca (Tracey) at an event held at Griffith Park in Los Angeles. The Court previously granted in part Defendants' motion to strike punitive damages claim from Plaintiffs' complaint. Plaintiff then filed a first amended complaint (FAC) on March 23, 2023. Defendants now move to strike Plaintiffs' claim for punitive damages from their FAC and assoc...

Excerpt: ... video wall fell down from a stage upon Plaintiff at an event held at Griffith Park in Los Angeles. The Court previously granted in part Defendants' motion to strike punitive damages claim from Plaintiff's complaint. Plaintiff then filed a first amended complaint (FAC) on March 23, 2023. Defendants now move to strike Plaintiff's claim for punitive damages from her FAC and associated language within the FAC. Plaintiff opposes the motion. ANALYSIS ...

Excerpt: ... that Defendant 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...

Excerpt: ...trespass, and (3) unjust enrichment. The complaint alleges that the parties entered into a written contract wherein Plaintiff agreed to provide furniture in connection with the sale of a property in Beverly Hills. Defendants were allegedly obligated to make monthly payments for continued use of the furniture. Defendants allegedly breached the contract by defaulting on payments, retaining possession of the furniture, and failing to return the furn...

Excerpt: ...f contract, (2) breach of the covenant of good faith and fair dealing, (3) tenant harassment, (4) contractual interference, (5) declaratory relief, (6) negligence, and (7) unfair competition. According to the SAC, a prior dispute between the parties resulted in a Tenant Settlement Agreement (TSA), which essentially granted Plaintiffs tenancy for life at the subject premises. Plaintiffs allege that Defendants attempted to work around the TSA by fa...

Excerpt: ...ices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, alleging 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: ...lex but that Defendant only partially paid Plaintiff for his work. Plaintiff alleges that the parties had a written agreement. Plaintiff claims damages of $200,000. On April 5, 2023, the Court granted Defendant's motion to deem matters admitted because Plaintiff failed to respond to requests for admission. Plaintiff had not filed an opposition and did not appear at the hearing. On April 21, 2023, Defendant filed the instant motion for summary jud...

Excerpt: ...at Defendant 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 ...

Excerpt: ...ion arise from Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion Defendant Honda moves to compel Plaintiffs to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relat...

Excerpt: ...n September 14, 2022, Plaintiff filed an amendment to the complaint naming Stanley Ingel as Doe 1. On October 25, 2022, Ingel filed a motion to quash the Doe amendment on the grounds that Plaintiff did not satisfy the requirements for a Doe amendment because Plaintiff has known of Ingel's identity and potential liability for years. On November 8, 2022, Plaintiff filed a separate action against Ingel for accounting malpractice, Gary Korngold v. St...

Excerpt: ...legedly 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 June 7, 2023, eleven of the Plaintiffs filed motions to quash subpoenas for their medical records. Defendant 6317 Flora Ave, LLC, who issued the subpoenas, filed its oppositions to each motion on June 20, 2023. Plaintiffs replied on June 22, 2023. L...

Excerpt: ... against three defendants – one of which included J. Alexander, Co. (“Plaintiff JACO”) for breach of contract. The action proceeded to trial on April 12, 2023, whereby Plaintiff AMMCO subsequently won a jury verdict. Following the conclusion of the trial, Defendant JACO filed a motion to tax cost on the following items from Plaintiff AMMCO: (1) Item 12, “Models, enlargements, and photocopies of exhibits”, and (2) Item 16, “Other”, f...

Excerpt: ...alleges that Defendant 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 d...