Excerpt: ...e causes of action for negligence. The Complaint alleges in pertinent part as follows. ZA owns real property located at 6424 Yucca Street, Los Angeles, CA 90028 (Property). LB manages the Property. Defendants owed a duty of care to Plaintiff and other visitors walking at the Property to exercise reasonable care in maintaining the Property, including its gates, railways, and staircases. As a result of Defendants' breach of this duty of care, Plain...

Excerpt: ... operative pleading is the First Amended Complaint (FAC) filed on April 28, 2020. The FAC asserts a single cause of action for breach of contract. The FAC alleges in pertinent part as follows. Skybound is a developer and publisher of entertainment content and controls certain intellectual property rights related to the comic book series The Walking Dead. RK is the owner of The Walking Dead comic book series and all intellectual property rights th...

Excerpt: ...y, Defendants) on October 25, 2018. The operative pleading is the First Amended Complaint (FAC) filed on February 5, 2019. The FAC asserts causes of action for (1) breach of contract, (2) negligence, and (3) fraudulent inducement. The Court granted Plaintiff's oral motion to dismiss the FAC's second and third causes of action without prejudice on April 8, 2019. The FAC alleges in pertinent part as follows. Defendants Logistics and Unis are affili...

Excerpt: ... named 12337 Gorham LLC as Doe 1. The Complaint asserts causes of action for (1) violation of the Unruh Civil Rights Act, (2) wrongful eviction, (3) offering withdrawn rental units for rent within two years of withdrawal under the Ellis Act, (4) fraud, (5) negligent misrepresentation, and (6) financial elder abuse. The Complaint alleges in pertinent part as follows. In 1977, Plaintiff moved into an apartment located at 12337 Gorham Avenue, Los An...

Excerpt: ...lied warranty, and (3) violation of Civil Code section 1793.2. Plaintiff's claims arise from her purchase of a new 2013 Chevrolet Malibu (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 under Section 2025.410, fails to ...

Excerpt: ...provide reasonable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps necessary to prevent discrimination and retaliation, (5) retaliation under FEHA, (6) wrongful termination, (7) failure to provide personnel files, and (8) failure to provide payroll files. The Complaint alleges in pertinent part as follows. In July 2017, IHS hired Plaintiff as an Account Executive. In October 2018, Plaintif...

Excerpt: ...a Browner (Browner), and Jason Beck (Beck) (collectively, Defendants) and Nominal Defendant P&S on October 10, 2019. The Complaint asserts a single cause of action for declaratory relief. The Complaint alleges in pertinent part as follows. Lambert is a member, manager, and CEO of P&S. In March 2017, Lambert entered into an option agreement with McMahon to purchase McMahon's 50% membership interest in P&S. In December 2018, an amendment to the opt...

Excerpt: ...mplaint asserts causes of action for (1) discrimination in violation of FEHA, (2) harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA, (5) failure to provide reasonable accommodations in violation of FEHA, (6) failure to engage in a good faith interactive process in violation of FEHA, (7) violation of the Pregnancy Disability Leave Law, (8) ...

Excerpt: ...crimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation of FEHA, (4) failure to provide reasonable accommodations in violation of FEHA, (5) failure to engage in a good faith interactive process in violation of FEHA, (6) wrongful termination in violation of public policy, and (7) declaratory judgment. The Complaint alleges in pertinent part as follows. In April 2018...

Excerpt: ...The operative pleading is the First Amended Complaint (FAC) filed on March 20, 2019. The FAC asserts causes of action for (1) sexual battery against Defendants, (2) intentional infliction of emotional distress against Defendants, (3) assault against Defendants, (4) negligence against SCPMG, (5) premises liability against SCPMG, and (6) professional negligence against Defendants. The FAC alleges in pertinent part as follows. On December 21, 2017, ...

Excerpt: ...Rezkallah (Rezkallah) (collectively, Defendants) on July 31, 2019. The operative pleading is the First Amended Complaint (FAC) filed on September 10, 2020. The FAC asserts causes of action for (1) retaliation in violation of the False Claims Act, (2) violation of Labor Code section 1102.5, (3) retaliation in violation of FEHA, (4) failure to accommodate in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (...

Excerpt: ...ainst Does 1 through 200 on December 28, 2018. Since commencing this action, Plaintiffs have named Ashland Chemical, Inc.; Rust-Oleum Corp.; Nexeo Solutions, LLC; W.S. Dodge Oil Co., Inc.; Sunnyside Corp.; Fairhill Industries, Inc.; and WD-40 Company as Doe Defendants. The Complaint asserts causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach ...

Excerpt: ...ve pleading is the First Amended Complaint (“FAC”) filed on July 15, 2020. The FAC asserts causes of action for (1) Liability for Dangerous Condition of Public Property Pursuant to Government Code § 835, and (2) Negligence for Personal Injuries. The FAC alleges in pertinent part as follows. Plaintiff is married to Franklin Chen (“Chen”). Chen is a City of Los Angeles Police Officer; employed by the City of Los Angeles; and was working in...

Excerpt: ...rmer employer Prettyparty Beauty, LLC (“Prettyparty”) and Prettyparty's principals Laura Mayer (“Laura”)[1] and Steven Mayer (“Steven”). Before the Court is a hearing on Steven and Laura's separate motions to compel further responses to special interrogatories. A. Complaint On March 15, 2019, Plaintiff filed her initial complaint. On June 26, 2019, Plaintiff filed her operative second amended complaint (“SAC”) against Prettyparty,...

Excerpt: ...y Parks”), Disney Worldwide Services, Inc. (“Disney Worldwide”), The Walt Disney Company (“Disney Company”) , Rona Kay (“Kay”), Diana Eid (“Eid”), and Janae Bueno (“Bueno”) on January 24, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on January 29, 2020. The FAC asserts causes of action for (1) employment discrimination in violation of FEHA, (2) FEHA failure to accommodate, (3) FEHA failure to...

Excerpt: ...er Health Care, Inc. (“Edgewater”), V.S.N.F., Inc. (“VSNF”), and Stockton Health Care Services, Inc. (“Stockton”) (collectively “Defendants”) on August 26, 2019. The operative pleading is the First Amended Complaint (“FAC”), filed on December 10, 2019. The FAC asserts claims for (1) breach of contract (1 st , 3 rd, and 5 th causes of actions), (2) breach of the covenant of good faith and fair dealing (2 nd, 4 th, and 6 th caus...

Excerpt: ...ION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF VIKTOR TSESHKOVSKY TO RFA, SET ONE (4) MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF VIKTOR TSESHKOVSKY TO RFA, SET TWO BACKGROUND Plaintiffs “Protection of the Holy Virgin,” the Russian Orthodox Church (“Church”) and Viktor Tseshkovsky (“Tseshkovsky”) (collectively, “Plaintiffs”) commenced this action against Defendant Our Church Building, Inc. (“OCB”) on December 24, 2018. T...

Excerpt: ...dical); 21 Medical Group, Inc. (21 Medical); Dr. Midas Medical Group, Inc. (Midas); and Arcadia Medical Group, Inc. (Arcadia Medical) (collectively, Defendants) on January 13, 2020. The Complaint asserts causes of action for (1) breach of contract, (2) intentional misrepresentation, (3) concealment, (4) conversion, (5) unauthorized practice of medicine, (6) unfair business practices, (7) negligence, (8) battery, and (9) intentional infliction of ...

Excerpt: ...dants LAD Carson-N, LLC (LAD) on March 1, 2019. Plaintiff named Hilland of Carson, Inc. (Hilland) as a Doe Defendant on June 3, 2019. The operative pleading is the First Amended Complaint (FAC) filed on February 20, 2020. The FAC asserts causes of action for (1) financial elder abuse, (2) negligence, and (3) negligent hiring, supervision, and retention. The FAC alleges in pertinent part as follows. At all relevant times, Plaintiff was 74 years ol...

Excerpt: ...1) breach of employment contract and violation of Labor Code section 201.5, (2) failure to pay continuing wages in violation of Labor Code section 203, and (3) failure to provide information on pay stubs in violation of Labor Code section 226. The Complaint alleges in pertinent part as follows. Defendant employed Plaintiff as a writer and executive producer of a mobile web series entitled Oishi: Demon Hunter (Series). In August 2017, the parties ...

Excerpt: ... Defendants) on March 16, 2020. The Complaint asserts causes of action for (1) fraud, (2) negligence, (3) promissory estoppel, (4) breach of contract, (5) negligent misrepresentation, (6) breach of implied covenant of good faith and fair dealing, (7) extortion in violation of Penal Code section 518, (8) civil harassment in violation of CCP section 527.6, and (9) declaratory and injunctive relief. The Complaint alleges in pertinent part as follows...

Excerpt: ...ely, Defendants) on October 25, 2018. The operative pleading is the First Amended Complaint (FAC) filed on February 5, 2019. The FAC asserts causes of action for (1) breach of contract, (2) negligence, and (3) fraudulent inducement. The Court granted Plaintiff's oral motion to dismiss the FAC's second and third causes of action without prejudice on April 8, 2019. The FAC alleges in pertinent part as follows. Defendants Logistics and Unis are affi...

Excerpt: ...rcos) (collectively, Plaintiffs) against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG); Joel Lupercio (Lupercio); Jorge Ceja (Ceja); and Roberto Guerrero (Guerrero) (collectively...

Excerpt: ...he First Amended Complaint (FAC) on August 20, 2019. The FAC asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, and (3) intentional interference with contractual relations. B. Cross-Complaint Djukich commenced a cross-action against Empire and Steven Hartunian (Hartunian) (collectively, Cross-Defendants) on May 20, 2019. The operative pleading in the cross-action is the First Amended Cross-Complaint (FAXC) filed on...

Excerpt: ...feguard Insurance Company (CSE) (collectively, Defendants) on September 5, 2019. The Complaint asserts causes of action for (1) declaratory relief against 38700 — no duty to indemnify, (2) declaratory relief against Defendants — no coverage for attorney fees, and (3) equitable indemnity against 38700. The Complaint alleges in pertinent part as follows. On March 28, 2017, 43 tenants residing in an apartment building known as the Royal Palms Ap...

Excerpt: ...ctured by Gem was defective. Demurrer Defendant GM demurs to the Plaintiff's seventh cause of action for fraud by omission. GM contends, among other things, that this claim is barred by the economic loss rule. The Court agrees. Economic loss consists of “damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits—without any claim of personal injury or damages to other property.” (Rob...

Excerpt: .... (AMAG) commenced this action against Defendants Marc Anthony Cubas (Marc); Vlaze Media Networks, Inc. (Vlaze); Happy Endings LA (Happy Endings); Injected Arts, Inc. (Injected Arts); Mint; Sydney Susana Cubas (Susana); Cathy Cubas (Cathy); Nadia Nino (Nino); Maria Angelica Cubas (Maria); Dominic Cubas (Dominic); and Adrienne Smith (Smith) on October 17, 2018. Plaintiff has named Vanderbilt Wholesalers (Vanderbilt), the Law Office of Omar Zambran...

Excerpt: ...ch of contract, (2) breach of implied covenant of good faith and fair dealing, (3) fraud, and (4) declaratory relief. The Complaint alleges in pertinent part as follows. Plaintiff is the former owner of real property located at 750-756 ½ North Edinburgh Avenue, Los Angeles, CA 90046 (Property). The Property is situated in the Beverly Grove section of Los Angeles and consists of four bungalow court style buildings. Each bungalow consists of two a...

Excerpt: ...bruary 28, 2020. The Complaint asserts causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) violation of the UCL, and (5) negligence. The Complaint alleges in pertinent part as follows. Plaintiffs are tenants of residential property located at 1351-1353 West 39th Street, Los Angeles, CA 90062 (Property) and owned by Defendant. Over the last four years, Plai...

Excerpt: ..., and Link Business LA (collectively, Defendants) on July 9, 2019. The Complaint asserts causes of action for (1) fraud, (2) breach of fiduciary duty, (3) violation of 42 USC 1981, and (4) breach of contract. The Complaint alleges in pertinent part as follows. Plaintiff is a licensed beautician with a degree in accounting. Plaintiff sought to purchase a small business. In February 2017, Plaintiff discovered an opportunity to buy and manage Flawle...

Excerpt: ...up, Inc. (L&Z), W&S International Travel Inc. (W&S), Chunyan Song (Song), and Changming Wang (Wang) on February 14, 2018. The operative pleading is the First Amended Complaint (FAC) filed on June 3, 2019. Plaintiffs named Run Zhao (Zhao) as a Doe Defendant on January 16, 2020. The FAC asserts causes of action for (1) failure to reimburse for necessary expenditures incurred, (2) breach of employment contract – failure to pay commissions, (3) acc...

Excerpt: ...ions, (2) failure to engage in the interactive process, and (3) retaliation. The Complaint alleges in pertinent part as follows. Plaintiff has been employed with the Los Angeles Department of Water and Power (DWP) since March 1994. In September 2004, Plaintiff was promoted to Principal Security Officer and remained in that position until May 2019. On April 8, 2014, Security Services Director James West (West), Plaintiff's immediate supervisor at ...

Excerpt: ...aranty. The Complaint alleges in pertinent part as follows. In January 2016, RR Kinglet, LLC (Borrower) obtained a loan in the principal amount of $3,997,500 (Loan) for the purpose of refinancing two prior loans. The Loan is evidenced by a promissory note (Note). The Note is secured by a deed of trust (Deed of Trust) executed by the Borrower in favor of lenders listed in an exhibit attached to the Note. The Deed of Trust was recorded against real...

Excerpt: ...against Defendants Security Pacific Associates, Inc. dba Madeo Ristorante (SPA); Madu Inc. (Madu); Elvira Buffoni (Buffoni); Gianni Vietina (Gianni); and Nicola Vietina (Nicola) (collectively, Defendants). The Buyout FAC asserts causes of action for (1) involuntary dissolution, (2) breach of written contract, (3) constructive trust, (4) breach of fiduciary duty, (5) fraud, (6) breach of fiduciary duty, (7) accounting of SPA, and (8) accounting of...

Excerpt: ...n for (1) violation of Pennsylvania Lemon Law, (2) breach of implied warranty of merchantability, (3) negligent repair, (4) misrepresentation, and (5) violation of Magnuson-Moss Act. Plaintiff's claims arise from her purchase of a 2018 Mercedes-Benz Sprinter (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 orga...

Excerpt: ...ntiff alleges that Defendants hired him to work as an Uber driver in January 2016. Plaintiff alleges that Defendants failed to pay wages to their employees in violation of Labor Code section 204. Discussion Defendants move to (1) compel Plaintiff to arbitrate the issue of his independent contract status (i.e., whether he was properly classified as an independent contractor) under the parties' arbitration agreement and (2) stay all judicial procee...

Excerpt: ...UMENTS, SET TWO Background A. Complaint Plaintiff David Afzal (Afzal) commenced this action against Defendant Roy Yerushalmi (Yerushalmi) dba SoCal Contractor (SoCal) on June 13, 2018. Afzal named Lori Dennis, Inc. (LDI) as a Doe Defendant on October 11, 2019. The operative pleading is the Third Amended Complaint (TAC) brought by Afzal and Julia Shevchenko (Shevchenko) (collectively, Plaintiffs) on July 8, 2020. The TAC asserts causes of action f...

Excerpt: ..., 2019. Plaintiff named Cars2Cars, LLC (Cars2Cars) as a Doe Defendant on October 8, 2019 and Great American Insurance Group (Great American) as a Doe Defendant on January 21, 2020. Plaintiff dismissed Hudson from the action on January 8, 2020. The Complaint asserts causes of action for (1) violation of the CLRA, (2) deceit, (3) violation of the UCL, (4) bond liability, and (5) violation of Vehicle Code section 5753. The Complaint alleges in perti...

Excerpt: ... this action against Defendants State Farm General Insurance Company (State Farm) and Eberl Claims Service, LLC (Eberl) (collectively, Defendants) on November 12, 2019. The operative pleading is the First Amended Complaint (FAC) filed on April 1, 2020. The FAC asserts causes of action for (1) breach of contract against State Farm, (2) breach of the implied covenant of good faith and fair dealing against State Farm, (3) negligent misrepresentation...

Excerpt: ...California District, Inc. (Civil West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) i...

Excerpt: ...action against Defendants Pama V Properties LP (Pama) and Pama Management, Inc. (Pama Management) (collectively, Defendants) on January 23, 2020. The Complaint asserts causes of action for (1) failure to provide habitable dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The Complaint alleges in pertinent part as follows. Plaintiffs are current or former tenants of a mu...

Excerpt: ...operative pleading is the First Amended Complaint (FAC) filed on September 4, 2018. The FAC asserts causes of action for (1) negligence, (2) dependent adult abuse, (3) intentional infliction of emotional distress, and (4) fraud – intentional concealment. The FAC alleges in pertinent part as follows. WMMC is a 353-bed hospital located at 1720 E. Cesar E. Chavez Ave, Los Angeles, CA 90033 (Premises). WMMC is owned and operated by Adventist Health...

Excerpt: ...1 Selma Wilcox Hotel LLC (Real Party) on April 2, 2019. The operative pleading is the First Amended Petition (FAP) filed on November 4, 2019. The FAP alleges in pertinent part as follows. The Selma Wilcox Hotel Project is an 8-story, approximately 88.6-foot tall, 79,878- square-foot hotel with 114 rooms / suites, a restaurants/bars, and a three-level underground parking garage. The Project Site is located at the northeast corner of the intersecti...

Excerpt: ...Gibbs (Violet), by and through her guardian ad litem Stuart Gibbs; and Stuart Gibbs (Stuart), individually and as successor-in- interest to the estate of Suzanne Patmore-Gibbs (Suzanne), against Defendants Prive Aftercare; Prive; Prive Care, Inc.; Prive on 3rd, LLC (collectively, Prive); Bedford Ambulatory Surgery Center; Bedford Ambulatory Surgery Center, Inc. (collectively, Bedford); Nicholas R. Nikolov, M.D., individually and as a professional...

Excerpt: ...dants) on November 6, 2019. The Complaint asserts causes of action for violation of the Song-Beverly Act. The causes of action arise from Plaintiff's purchase of a 2017 BMW 650i (Vehicle). Discussion Defendants BMWNA and Beverly Hills BMW move to compel Plaintiff to submit this action to binding arbitration. Defendants bear “the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence.” (Ruiz v. Moss...

Excerpt: ...ctively, Defendants) on May 1, 2018. The operative pleading is the Second Amended Complaint (SAC) filed on January 31, 2019. The SAC asserts causes of action for (1) breach of contract against Defendants, (2) breach of contract re: guaranty against Zinberg and Itkin, (3) fraud against Defendants, (4) common count against Defendants, (5) breach of contract against BUI, Zinberg, and Itkin, (6) fraud against BUI, Zinberg, and Itkin, and (7) common c...

Excerpt: ...re to take remedial action under FEHA; (6) wrongful termination; and (7) intentional infliction of emotional distress (“IIED”). REQUEST FOR JUDICIAL NOTICE Defendant County of Los Angeles' request for judicial notice is GRANTED. DEMURRER Defendant County of Los Angeles (“County”) demurs to each cause of action in the Complaint. B. Legal Standard A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factua...

Excerpt: ...arc); Vlaze Media Networks, Inc. (Vlaze); Happy Endings LA (Happy Endings); Injected Arts, Inc. (Injected Arts); Mint; Sydney Susana Cubas (Susana); Cathy Cubas (Cathy); Nadia Nino (Nino); Maria Angelica Cubas (Maria); Dominic Cubas (Dominic); and Adrienne Smith (Smith) on October 17, 2018. Plaintiff has named Vanderbilt Wholesalers (Vanderbilt), the Law Office of Omar Zambrano, and Zambrano Law Corporation as Doe Defendants. The operative pleadi...

Excerpt: ...al Motors of California (GMC), Dutton Motor Company (Dutton), and Crestview Cadillac (Crestview) (collectively, Defendants) on February 13, 2020. The Complaint asserts causes of action for (1) discrimination on the basis of gender against GML and GMC (collectively, GM), (2) discrimination on the basis of race against GM, (3) failure to take reasonable steps to prevent discrimination and harassment against GM, (4) hostile work environment against ...

Excerpt: ...d stop harassment, (4) wrongful termination in violation of public policies, (5) intentional infliction of emotional distress (IIED), and (6) negligent infliction of emotional distress (NIED). The Complaint alleges in pertinent part as follows. Gelles owns and operates a law practice called The Law Offices of Peter A. Gelles. Gelles engaged Plaintiff as a temporary legal assistant around the end of January 2007 and hired Plaintiff as his official...

Excerpt: ...ntiffs asserted causes of action for (1) professional negligence and (2) breach of fiduciary duty. On November 16, 2015, the Court granted Defendants' motion to compel arbitration and stayed the case pending the completion of arbitration. On November 2, 2019, Plaintiffs petitioned to vacate the arbitration award. On January 3, 2020, the Court denied Plaintiffs' petition. Judgment was entered on March 3, 2020. The judgment states that Plaintiffs s...

Excerpt: ...nd Plaintiff Empire USA, LLC (Empire) commenced this action against Defendant Bradley Djukich (Djukich) on March 21, 2019. Empire, OC Downtown Residential, LLC, and Third Street Investment Group, Inc. (collectively, Plaintiffs) filed the First Amended Complaint (FAC) on August 20, 2019. The FAC asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, and (3) intentional interference with contractual relations. Djukich fi...

Excerpt: ...Sahakian (Sahakian), and Link Business LA (collectively, Defendants) on July 9, 2019. The Complaint asserts causes of action for (1) fraud, (2) breach of fiduciary duty, (3) violation of 42 USC 1981, and (4) breach of contract. The Complaint alleges in pertinent part as follows. Plaintiff is a licensed beautician with a degree in accounting. Plaintiff sought to purchase a small business. In February 2017, Plaintiff discovered an opportunity to bu...

Excerpt: ...uses of action for violation of the Song-Beverly Act and fraud arising from Plaintiffs' purchase of a 2013 Kia Optima. Kia's demurrer to the fraud claims was sustained without leave to amend. This case went to trial from February 19, 2020 to February 26, 2020. The jury returned a special verdict finding that Kia had not breached the applicable warranties or the Song-Beverly Act. Judgment was entered in Kia's favor on March 16, 2020. Legal Standar...

Excerpt: ...1) failure to pay wages, (2) failure to pay overtime wages, (3) failure to provide meal and rest periods, (4) failure to pay wages at time of termination, (5) failure to provide accurate wage statements, (6) failure to pay wages at each pay period, (7) violation of Labor Code section 2802, (8) willful misclassification as independent contractor, (9) unfair business practices, (10) PAGA penalties, and (11) unjust enrichment. Plaintiff alleges that...

Excerpt: ... has named Blue Cross of California dba Anthem Blue Cross (Blue Cross) as a Doe Defendant and dismissed Anthem Life from the action. The Complaint asserts causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. The Complaint alleges in pertinent part as follows. Anthem Life is an insurance company and Blue Cross is Anthem Life's sister company. They function as a single business and repre...

Excerpt: ...ainst Our Church Building, Inc. (OCB) on December 24, 2018. Plaintiffs' operative pleading is contained in two documents: the First Amended Complaint (FAC) filed on February 21, 2019 and a First Supplemental Complaint filed on October 9, 2019. Both pleadings assert causes of action for (1) specific performance by the Church against OCB, (2) declaratory relief by the Church against OCB, and (3) declaratory relief by Tseshkovsky against OCB. On Mar...

Excerpt: ... Parties in Interest Space Bank LTD (Space Bank), Pasadena Gateway LLC (Pasadena Gateway), and City of Pasadena (City) on November 15, 2019. The Petition asserts three causes of action for writ of mandate based on violations of CEQA and the Carpenter-Presley-Tanner Hazardous Substance Account Act (HSAA). The Petition alleges in pertinent part as follows. The project site is located at 3200 E. Foothill Boulevard in Pasadena, CA (Project Site). Fro...

Excerpt: ...te Entertainment Corp. (Lions Gate) (collectively, Plaintiffs) commenced this action against Defendants Allied World Assurance Company (U.S.) Inc. (AWAC); Alterra America Insurance Company (AAIC); Endurance American Insurance Company (EAIC); Freedom Specialty Insurance Company (FSIC); RSUI Indemnity Company (RSUI); and Starr Indemnity & Liability Company (Starr) (collectively, Defendants) on November 7, 2018. The Complaint asserts causes of actio...

Excerpt: ... Cleaning Systems (PBCI); CCS Orange County Janitorial, Inc.; PBC Green Management, Inc.; PBC Green Mgt – Los Angeles Division; Dana Holladay (Holladay); and Rose Hibler (Hibler) (collectively, Defendants) on January 30, 2020. The Complaint asserts causes of action for (1) breach of express contract, (2) breach of implied-in-fact contract, (3) negligent hiring, supervision, and retention, (4) wrongful termination in violation of public policy, ...

Excerpt: ...t One, LLC (eOne LLC); AMC Networks, Inc. (AMC Networks); and WE TV, LLC (WE TV) (collectively, Defendants) on January 15, 2020. Plaintiffs named Tara Long as a Doe Defendant on May 30, 2020. The Complaint asserts causes of action for (1) breach of contract (written), (2) breach of contract (oral), (3) intentional infliction of emotional distress, (4) fraud, and (5) unlawful business practices. The Complaint alleges in pertinent part as follows. ...

Excerpt: ...onable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps necessary to prevent discrimination and retaliation, (5) retaliation under FEHA, (6) wrongful termination, (7) failure to provide personnel files, and (8) failure to provide payroll files. The Complaint alleges in pertinent part as follows. In July 2017, IHS hired Plaintiff as an Account Executive. In October 2018, Plaintiff went on a ...

Excerpt: ...st Amended Complaint (FAC) filed on January 2, 2020. The FAC names two additional defendants: Suretec Indemnity Company (SIC) and American Contractors Indemnity Company (ACIC). The FAC asserts causes of action for (1) slander of title against KMC and Cohick, (2) fraud against KMC and Cohick, (3) negligent misrepresentation against KMC and Cohick, (4) unfair business practices against KMC and Cohick, (5) intentional interference with a prospective...

Excerpt: ...; and Gianni Vietina (Gianni) on July 3, 2019. Plaintiff dismissed Buffoni, Gianni, and Nicola from the action in November and December 2019. The operative pleading is the Second Amended Complaint (SAC) filed on February 13, 2020. The SAC asserts causes of action for (1) breach of employment contract, (2) retaliation – whistleblower protection, and (3) wrongful discharge in violation of public policy. The SAC alleges in pertinent part as follow...

Excerpt: ...; and U.S. Bank National Association Trust (US Bank) on December 19, 2019. The Complaint asserts causes of action for (1) fraud, (2) wrongful foreclosure, (3) quiet title, (4) declaratory relief, (5) slander of title, (6) slander of credit, (7) intentional infliction of emotional distress, (8) cancellation of instruments, and (9) unfair business practices. The Complaint alleges in pertinent part as follows. In August 2005, Plaintiff purchased rea...

Excerpt: ... fraudulent concealment, (2) retaliatory eviction, (3) violation of Civil Code section 1942.4, (4) breach of warranty of habitability, (5) breach of the covenant of quiet enjoyment, (6) nuisance, and (7) unfair business practices. Plaintiffs' claims arise from their rental of Defendants' apartment unit located at 4110 Elrovia Avenue, El Monte, California (Premises). Discussion Defendants move for summary adjudication of the Complaint's first thro...

Excerpt: ...(1) fraudulent concealment, (2) retaliatory eviction, (3) violation of Civil Code section 1942.4, (4) breach of warranty of habitability, (5) breach of the covenant of quiet enjoyment, (6) nuisance, and (7) unfair business practices. Plaintiffs' claims arise from their rental of Defendants' apartment unit located at 4110 Elrovia Avenue, El Monte, California (Premises). Discussion Defendants move for summary adjudication of the Complaint's first t...

Excerpt: ...assified him as an independent contractor and violated various wage and hour laws. The operative pleading is the First Amended Complaint (FAC) filed on September 23, 2019. The FAC asserts causes of action for (1) misclassification, (2) unfair competition, (3) declaratory relief, (4) waiting time penalties, (5) failure to provide accurate wage statements, (6) failure to make proper withholdings, (7) failure to pay wages, (8) failure to allow inspe...

Excerpt: ...ants) on November 4, 2019. The operative pleading is the First Amended Complaint (FAC) filed on December 11, 2019. The FAC asserts causes of action for (1) violation of Civil Code section 1793.2(d), (2) violation of Civil Code section 1793.2(b), (3) violation of Civil Code section 1793.2(a)(3), (4) breach of express written warranty, (5) breach of the implied warranty of merchantability, and (6) negligent repair. Plaintiff's causes of action aris...

Excerpt: ...[1] Plaintiff asserts causes of action for (1) breach of contract – the Core Agreement & Addendum, (2) breach of contract – the Trophy Deal, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud, (5) fraud in the inducement, (6) false promise, and (7) unfair business practices. The Complaint alleges in pertinent part as follows. A. Core Agreement & Addendum In June 2015, the parties entered into an Exclusivity Agreement...

Excerpt: ...N (7) AMAG ‘S MOTION TO COMPEL RESPONSE TO INSPECTION DEMANDS (8) SUSANA'S MOTION TO QUASH AMPAC SUBPOENA (9) SUSANA'S MOTION TO QUASH ZAMBRANO SUBPOENA Background Plaintiff AMAG, Inc. (AMAG) commenced this action against Defendants Marc Anthony Cubas (Marc); Vlaze Media Networks, Inc. (Vlaze); Happy Endings LA (Happy Endings); Injected Arts, Inc. (Injected Arts); Mint; Sydney Susana Cubas (Susana); Cathy Cubas (Cathy); Nadia Nino (Nino); Maria...

Excerpt: ... (38700) and CSE Safeguard Insurance Company (CSE) (collectively, Defendants) on September 5, 2019. The Complaint asserts causes of action for (1) declaratory relief against 38700 — no duty to indemnify, (2) declaratory relief against Defendants — no coverage for attorney fees, and (3) equitable indemnity against 38700. The Complaint alleges in pertinent part as follows. On March 28, 2017, 43 tenants residing in an apartment building known as...

Excerpt: ...ebruary 4, 2019. The Complaint asserts causes of action for: (1) breach of the express warranty under the Song-Beverly Act, (2) breach of the implied warranty under the Song-Beverly Act, and (3) violation of the Song- Beverly Act section 1793.2. Plaintiffs' causes of action arise from their purchase of a 2015 Buick Encore (Vehicle). Statement of Facts On December 13, 2017, Plaintiffs bought the Vehicle from Chevrolet of Montebello. (DUMF 1.) Plai...

Excerpt: ...ach of express warranty, (2) violation of the Song- Beverly Act – breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2. Plaintiff alleges that she purchased a new 2016 Ford Mustang (Vehicle) on November 8, 2016. Plaintiff alleges that the Vehicle contained or developed serious transmission and electrical system defects within the express warranty period. Plaintiff alleges that she delivered the Vehicle to an auth...

Excerpt: ...nt Properties, LLC (BFP), Beach Front Realty, LLC (BFR), Beach Front Property Management, Inc. (BFPM); Rosenwald Partners, L.P. (RP), Rosenwald Capital Management, Inc. (RCM), Daniel J. Niemann, Inc. (DNI), Academy Center 90274 LLC (Academy Center); Kyle D. Kazan (Kazan); James B. Rosenwald III (Rosenwald); and Daniel J. Niemann (Niemann).[1] The operative pleading is the Second Amended Complaint (SAC) filed on January 15, 2020. The SAC asserts c...

Excerpt: ...eet East, LLC (38700) and CSE Safeguard Insurance Company (CSE) (collectively, Defendants) on September 5, 2019. The Complaint asserts causes of action for (1) declaratory relief against 38700 — no duty to indemnify, (2) declaratory relief against Defendants — no coverage for attorney fees, and (3) equitable indemnity against 38700. The Complaint alleges in pertinent part as follows. On March 28, 2017, 43 tenants residing in an apartment buil...

Excerpt: ...pleading is the Second Amended Complaint (SAC)[1] which asserts a single cause of action for violation of the Unruh Civil Rights Act (UCRA). The SAC alleges in pertinent part as follows. Plaintiff is a visually-impaired and legally blind person. Because of her visual impairment, Plaintiff requires screen-reading software to access and read website content on her computer. (Compl. ¶ 2.) Swatch produces, markets, and sells designer products and go...

Excerpt: ...nt asserts causes of action for (1) quiet title, (2) declaratory judgment, and (3) injunctive relief. The Complaint alleges in pertinent part as follows. In April 1996, Foothill obtained a money judgment in the sum of $32,166.46 against Henry Mauriss (Mauriss) in a case entitled Foothill Independent Bank v. Henry Mauriss III, et al., Case No. KC015946 in Los Angeles Superior Court (1996 Judgment). No abstract of judgment was recorded at that time...

Excerpt: ...spondent Department of Toxic Substances and Control (DTSC) and Real Parties in Interest Space Bank LTD (Space Bank), Pasadena Gateway LLC (Pasadena Gateway), and City of Pasadena (City) on November 15, 2019. The Petition asserts three causes of action for writ of mandate based on violations of CEQA and the Carpenter-Presley Act. Statement of Facts A. Shrader-Frechette Deposition On January 22, 2020, Pasadena Gateway noticed the deposition of Peti...

Excerpt: ... 2012 BMW 750 (“Vehicle”). The action came on for trial on December 4, 2019. On December 11, 2019, the jury returned a verdict in favor of Plaintiff. On January 16, 2020, judgment was entered in Plaintiff's favor in the total amount of $294,998.40 consisting of $98,332.80 in actual damages and $196,665.60 in civil penalty. LEGAL STANDARD Civil Code section 3287 provides for the recovery of prejudgment interest on damages. Civil Code section 3...

Excerpt: ...; Redpoint Ventures (“Redpoint”); and Greycroft Partners IV, LP (“Greycroft”) (collectively, “Defendants”) on October 4, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 11, 2019. The FAC asserts causes of action for (1) breach of oral employment contract against 11 Honore; (2) wrongful discharge in violation of public policy against 11 Honore; (3) breach of fiduciary duty against Herning; (4) ind...

Excerpt: ...te (“CRI”), and Cedars-Sinai Medical Center (“CSMC”) on March 7, 2018. The Complaint asserts a single cause of action for medical malpractice. The Complaint alleges in pertinent part as follows. On December 11, 2016, Ginsburg was admitted to CSMC for surgery to address a right hip fracture. Dr. Lerebours, an agent/employee of CSMC, performed the hip surgery. Four days later, Lerebours discharged Ginsburg and ordered her to undergo inpatie...

Excerpt: ... Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collectively, “Defendants”) on May 15, 2017. The operative pleading is the First Amended Complaint (“FAC”) filed on November 21, 2017. The FAC asserts causes of action for (...

Excerpt: ...Insurance (“Homesite”), Tri-Tech Restoration (“Tri-Tech”), and Voge Inc. (“Voge”) on May 22, 2019. Plaintiffs dismissed the action with prejudice as to Geico and Homesite on December 17, 2019. On November 19, 2019, Sonia filed three pleadings styled as “Declarations” against Homesite, Tri-Tech, and Voge. The “pleading” against Tri-Tech (“Tri-Tech TAC”) is a jumbled assortment of Judicial Council forms and exhibits. The Tri...

Excerpt: ...n November 1, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on January 30, 2020. The FAC asserts a single cause of action for legal malpractice. The FAC alleges in pertinent part as follows. Plaintiffs are the grandchildren of Sharon Adamson Gee (“Sharon”), who passed away in 2018. In 1985, Sharon and her then-husband Merritt Adamson Jr. (“Merritt”) established the Adamson Trust to ensure the orderly transi...

Excerpt: ...nal origin/ancestry), (2) discrimination (disability), (3) failure to reasonably accommodate, (4) failure to engage in an interactive process, (5) retaliation, (6) harassment, and (7) failure to prevent discrimination, retaliation, and harassment. The Complaint alleges in pertinent part as follows. Plaintiff is a person of Bangladeshi origin, a Muslim, and disabled person within the meaning of FEHA. Since 1998, Plaintiff has been employed by the ...

Excerpt: ... Escrow (“Silver Bay”); John Russell Harris (“Harris”); Silver Bay Funding Corp. (“Silver Bay”); Francis Leary (“Leary”); Allied Realty, Inc. (“Allied”); Consumer's Title Company of California, Inc. (“CTC”); Northern California Mortgage Fund XIII, LLC (“NCMF”); and Golden West Foreclosure Services, Inc. (“GWFS”) (collectively, “Defendants”) on April 26, 2019. The operative pleading is the First Amended Complain...

Excerpt: ...nce Company (“FMIC”); and FCA US, LLC (“FCA”) (collectively, “Defendants”) on May 13, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on December 24, 2019. The FAC asserts causes of action for (1) violations of Consumers Legal Remedies Act (“CLRA”), (2) negligent misrepresentation, (3) concealment, (4) violations of Unfair Competition Law (“UCL”), and (5) bond liability. The FAC alleges in pertine...

Excerpt: ...ichael A. Martinez (“Martinez”), and Rebecca Lo (“Lo”) on December 30, 2019. The operative pleading is the First Amended Petition (“FAP”) filed on November 4, 2019. The FAP asserts causes of action for (1) violation of the Voter Registration Code, (2) violation of Elections Code section 9215, (3) violation of CEQA, and (4) violation of the Brown Act. Plaintiff brings this action to challenge and set aside the City's adoption of an ord...

Excerpt: ...this action against Defendants Patrick Herning (“Herning”); 11 Honore, Inc. (“11 Honore” or “Company”); Redpoint Ventures (“Redpoint”); and Greycroft Partners IV, LP (“Greycroft”) (collectively, “Defendants”) on October 4, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 11, 2019. The FAC asserts causes of action for (1) breach of oral employment contract against 11 Honore; (2) wrongfu...

Excerpt: ...t Jae-Yeon Shim (“Shim”), Sung Kyu Lee (“Sung”), and Jin Hee Chung (“Chung”) (collectively, “Defendants”) on January 22, 2019. The Complaint asserts causes of action for (1) assault against Shim, (2) battery against Shim, (3) defamation per se against Defendants, (4) intentional infliction of emotional distress against Defendants, (5) interference with prospective economic relations against Defendants, and (6) negligent interferen...

Excerpt: ...(“Cedars”) on March 11, 2019. The Complaint asserts causes of action for (1) premises liability, (2) negligence, and (3) breach of California's Confidentiality of Medical Information Act. Plaintiff dismissed the third cause of action without prejudice on April 22, 2019. The Complaint alleges in pertinent part as follows. Cedars owns and controls a hospital located at 8700 Beverly Boulevard, Los Angeles, CA 90048 (“Premises”). On January 6...

Excerpt: ...nzalez (“Defendant”) via Doe amendment. Then, on December 4, 2019, Plaintiff filed a first amended complaint in which Plaintiff alleges as follows: On or about February 18, 2016, Plaintiff was working for C.R. England, Inc. and while shaking hands with a railroad company worker, Luis Gonzalez, when [sic] Mr. Gonzalez pulled Plaintiff's hand, pulling Plaintiff forward and causing Plaintiff to lose his balance when Mr. Gonzalez let go. Plaintif...

Excerpt: ...ho”); and Ji Youn Song (“Song”) (collectively, “Defendants”) on September 26, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on December 16, 2019. The FAC asserts causes of action for (1) breach of contracts against Defendants, (2) goods sold and delivered against Defendants, (3) breach of contract – personal guaranty against Cho, (4) open account against Defendants, (5) account stated against Defendants...

Excerpt: ...lla S. Krashenny (“Krashenny”) (collectively, “Defendants”) on May 1, 2018. The operative pleading is the Second Amended Complaint (“SAC”) filed on January 31, 2019. The SAC asserts causes of action for (1) breach of contract against Defendants, (2) breach of contract re: guaranty against Zinberg and Itkin, (3) fraud against Defendants, (4) common count against Defendants, (5) breach of contract against BUI, Zinberg, and Itkin, (6) fr...

Excerpt: ...nce Lozano (“Lozano”) (collectively, “Defendants”) on November 27, 2018. The Complaint asserts causes of action for (1) violation of Labor Code section 203 – Continuing Wages, (2) violation of Labor Code section 203.1 – Wages by Check on Which Payment Refused, (3) violation of Labor Code sections 510 and 1194 – Failure to Pay Minimum Wage and Overtime, (4) violation of Labor Code section 226(a) – Failure to Provide Pay Stubs, (5) ...

Excerpt: ...ODUCTION OF DOCUMENTS, SET THREE (4) CHURCH'S MOTION TO COMPEL OCB'S FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE (5) OCB'S MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWE R BACKGROUND A. Complaint Plaintiffs “Protection of the Holy Virgin,” the Russian Orthodox Church (“Church”) and Father Viktor Tseshkovsky (“Tseshkovsky”) (collectively, “Plaintiffs” or “Cross-Defendants”) commenced this action against Our Church Buildi...

Excerpt: ...ts”), asserting causes of action for negligence and premises liability. Plaintiff alleges that she slipped and fell on the floor plate at the base of an outdoor escalator at Defendant's shopping mall. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...

Excerpt: ...ant Roman”) and owned by the Los Angeles Unified School District (“LAUSD”). Plaintiff filed a first amended complaint asserting the following causes of action: (1) Statutory liability under Government Code section 815.2(a); (2) Reckless Misconduct/Gross Negligence/Violations of Civil Code section 1714; and (3) Negligence. Now, Defendant Roman demurs to the third cause of action, which is sustained with leave to amend. Defendant Roman also m...

Excerpt: ...er attorney-in-fact, Desiree O'Niell (“Plaintiff”) commenced this action against Defendants LAD Carson-N, LLC and Hilland of Carson, Inc. (“Hilland”) (collectively, “Defendants”) on March 1, 2019. The Complaint asserts causes of action for (1) financial elder abuse, (2) violation of Consumer Legal Remedies Act, (3) unfair competition, (4) negligence, and (5) negligent hiring, supervision, and retention. The Complaint alleges in pertin...