Excerpt: ...Plaintiff at the start of her employment. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § ...

Excerpt: ...h of contract, violations of FEHA and CFRA, unfair business practices, fraud, and Labor Code violations. Plaintiff began working for Defendants in 2013. Plaintiff alleges that women in the workplace were objectified in order to promote sales and forced into quid pro quo relationships with managers. Plaintiff complained about this and was allegedly subjected to retaliation by Defendant Zamanian. Plaintiff also alleges that Defendants discriminated...

Excerpt: ...for age discrimination based on Plaintiff's termination from the Police Chief position. Plaintiff was fired as Police Chief after a vote of no confidence by the Police Officer's Association (“POA”). Plaintiff claims that his termination was actually motivated by age discrimination. Various members of the City Council had made comments to Plaintiff about his age prior to the termination. Plaintiff contends that Defendant replaced its City Mana...

Excerpt: ... action against Defendants Hector Pulido (“Hector”) and Wells Fargo. The operative Second Amended Complaint, filed July 21, 2021, alleges: (1) fraud; (2) specific performance; (3) declaratory relief; (4) unjust enrichment; (5) constructive trust; (6) resulting trust; and (7) equitable lien. Plaintiffs' complaint arises from a dispute over a certain parcel of real property in Whittier, California. Plaintiffs allege that Maria's brother, Defend...

Excerpt: ...�Cross-Complainant”), alleging (1) specific performance, (2) breach of contract, and (3) fraud. The action stems from a residential purchase agreement (the “Agreement”) between Plaintiffs and Defendant whereby Defendant was to sell the real property located at 2142 S. Sycamore Ave., Los Angeles, CA 90016 (the “Property”) to Plaintiffs. Defendant allegedly reneged on the Agreement by refusing to sell the Property to Plaintiffs. On April ...

Excerpt: ...l pay; (4) inaccurate wage statements; (5) waiting time penalties; and (6) unfair competition. On July 5, 2022, Defendant filed the instant demurrer to the complaint on the grounds that (i) the causes of action are barred by res judicata due to a prior settlement on the same claims, and (ii) the allegations fail to state facts to constitute a cause of action. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of ...

Excerpt: ...zle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the owner of Ezla...

Excerpt: ...ch of contract, (6) declaratory relief, (7) conversion, and (8) quantum meruit. Plaintiff alleges that Defendants induced him into a joint business venture and promised him 50% ownership interest. Plaintiff and Jonny formed Los Angeles Trading Company, LLC (“LATC”) to operate the new business. Plaintiff contributed financially to the business and also provided his guidance and expertise, which increased LATC's success. Jonny allegedly mismana...

Excerpt: ...he settlor and sole beneficiary of a trust holding substantial assets. Plaintiff, personally and through the trust and an LLC, owns various commercial properties throughout California. Pursuant to a property management agreement in 2007 (“2007 Agreement”), Plaintiff retained RAAM to manage his and his LLC's properties. Plaintiff alleges that the Agreement was designed to take advantage of him and allow Defendants to embezzle his money. The 20...

Excerpt: ... asserting 16 causes of action stemming from an alleged conspiracy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaint...

Excerpt: ...nsurance policies. JRK is a real estate investment company that owns various hotel and apartment properties. Defendants contend that COVID-related business losses are not covered by the policies. Defendants moved for judgment on the pleadings on the grounds that the language of the policies precludes Plaintiff's recovery. On April 18, 2022, the Court partially granted the MJOP, finding that the presence of COVID on Plaintiff's premises cannot cau...

Excerpt: ...lege that Defendants violated certain provisions of the Ellis Act as enumerated in the Los Angeles Municipal Code (“LAMC”). Plaintiff Jessica Caruso alleges that Defendants wrongfully evicted her under the guise of withdrawal from business under the Ellis Act, when in fact Defendants intended to get rid of lower-paying tenants and did not go out of business. Plaintiff Patrick Caruso asserts negligence and premises liability based on injuries ...

Excerpt: ... also been filed from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (“Japanese Investors”) and investors from the United States (“US Investors”). Defendants presently move for relief from a waiver of jury trial. Defendants did not post jury fees as planned prior to the initial August 15, 2019 Case Manag...

Excerpt: ...x 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 June 10, 2022, Defendant filed the instant demurrer to the complaint. 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...

Excerpt: ...don, Bemel, Ross & Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. On July 1, 2021, this Court denied Plaintiffs' motion to reopen expert discovery, and on August 9, 2021, denied Plaintiffs' motion for reconsideration of same. On April 1, 2022, the Court denied Plaintiffs' ex parte application to continue the trial date to allow for further discovery. However, on May 27, 2022, the Court partially granted Plai...

Excerpt: ...icle indisputably originated from a dealership in Missouri and was delivered to Plaintiff in California. Accordingly, Defendant presently moves for summary judgment on the grounds that the vehicle was sold in Missouri, which precludes application of Song-Beverly. 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...

Excerpt: ...vironmental Services (“Asbury”) on June 12, 2020. Plaintiff asserted causes of action for (1) Failure to Engage in the Interactive Process; (2) Failure to Accommodate a Disability; and (3) Disability Discrimination. After a jury trial, the jury found in favor of plaintiff. The jury awarded plaintiff $2,934,714.00 in compensatory damages and $3,000,000 in punitive damages. ($1,500,000 in punitive damages against World and $1,500,000 in punitiv...

Excerpt: ...om injuries Plaintiff sustained while a resident at Defendants' care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants' inadequate care. On May 9, 2022, this Court partly granted Plaintiff's motions to compel further responses. Defendant was ordered to produce further responses within 30 days. Defendant produced supplemental responses on June 7, 2022. On June 24,...

Excerpt: ... a party to this action, fraudulently encumbered the subject property without consent from the owner. (FAC ¶ 3.) Plaintiff alleges that she currently owns the property free and clear, owing nothing to Defendants. Plaintiff has brought this action against Deutsche Bank National Trust Company, the trustee for the holders of the mortgage loan, and Clear Recon Corp., the foreclosure trustee. “This action arises out of Defendants' unlawful, fraudul...

Excerpt: ...rlying 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 sought to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging...

Excerpt: ...ted causes of action for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) violation of Penal Code section 496, subdivision (c). On April 15, 2022, pursuant to Defendants' demurrer, the Court struck the fourth cause of action and granted leave to amend as to the fraud claim and to allege facts supporting Andrea Oh as a Defendant. The operative Second Amended Complaint, filed May 9, 2022, alleges (1) breach of contract, (2) fraud, ...

Excerpt: ...at the partnership payments were primarily made to his loan-out company, Jet 2 Set, Inc., rather than to Kroytor directly. On February 14, 2022, Kroytor's loan-out company, Jet 2 Set, Inc., filed its own lawsuit against Defendants based on the same facts. On May 3, 2022, the two cases were consolidated by order of Judge Barbara Scheper. On May 11, 2022, Plaintiffs Kroytor and Jet 2 Set, Inc. filed the operative Second Amended Complaint combining ...

Excerpt: ...and Daneilla Krashenny. On January 4, 2021, Plaintiffs obtained a judgment against Defendants Itkin, Zinberg, and Bidding Unlimited. A writ of execution was issued on June 14, 2022. On June 28, 2022, the Court granted Plaintiffs' ex parte application to levy on the bank account of third party Garry Itkin JD, Inc. (“JD Inc.”). On July 5, 2022, Defendant Itkin and third party JD Inc. (collectively “Moving Parties”) filed the instant motion ...

Excerpt: ...on was initiated on October 1, 2020 when Plaintiff and Cross-Defendant Julie Bae (“Bae”) alleged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with th...

Excerpt: ...ing medical leave and accommodation for his disability. On April 11, 2022, Plaintiff served responses to discovery propounded by Defendant. Among those responses were Requests for Admission. On July 1, 2022, Plaintiff filed the instant motion to amend his response to RFA No. 3, which asked Plaintiff to admit that his medical condition did not limit his ability to perform any life activity except working with Ashley Hancock as his supervisor. Plai...

Excerpt: ...on against Defendants James Campbell Productions, Inc. and Bloomingdales, LLC for unpaid wages following a fashion show. Defendant Campbell cross-complained for indemnity against the talent agencies that provided the models, alleging that Campbell exclusively contracted with the agencies and paid the money to the agencies. The cross-complaint alleges that it was the agencies' negligence that caused Plaintiffs' damages. Cross-Defendant LA Models, ...

Excerpt: ...nation based on Plaintiff's termination from the Police Chief position. On June 22, 2022, Plaintiff filed the present three motions to compel the further deposition of three city council members who were instructed not to answer various questions regarding the City Manager position. Plaintiff alleges that Defendant fired the sitting City Manager, who had refused to terminate Plaintiff, and replaced him with a City Manager (David Carmany) who was ...

Excerpt: ...ndant has not repaid. Plaintiff alleges that Defendant lied about his intent to invest the money in order to induce Plaintiff into making the loan. On April 21, 2022, Defendant filed the instant demurrer to the complaint, arguing that Plaintiff is improperly attempting to transform a breach of contract into fraud. Defendant also moves to strike punitive damages. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause ...

Excerpt: ...rence with economic relations; (4) interference with prospective business advantage; (5) breach of nondisclosure; and (6) interference with contractual relations. The matter was tried in January 2019 on the sole cause of action for intentional interference with prospective economic advantage. On January 17, 2019, the jury returned a verdict in favor of Plaintiff against Defendants Real Soda and Daniel Ginsburg. On July 5, 2019, the court also gra...

Excerpt: ...f's individual claims, which have been settled. The tenth cause of action arises under the Private Attorney General Act (“PAGA”), and Plaintiff sues under PAGA for personally sustained violations and violations against other aggrieved employees. Plaintiff claims that she and other employees were misclassified as independent contractors and subjected to various wage violations. As a condition of employment, Plaintiff signed an arbitration agre...

Excerpt: ...of action: (1) Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge. The complaint stems from Defendants' refusal to return Plaintiff to work following a medical leave. Plaintiff claimed that Defendants failed to r...

Excerpt: ... (5) unjust enrichment; and (6) declaratory relief. The lawsuit stems from the following facts. In July 2020, Plaintiff and Defendant entered into a written agreement whereby Plaintiff was to provide Defendant with approximately 50,000 square feet of warehouse space for storage and related facility access. Plaintiff claims that Defendant breached this agreement by failing to pay for the space provided and vacating the premises without the requisi...

Excerpt: ...nt to provide workers' compensation administration for the Los Angeles Fire Department. Plaintiff admittedly did not perform its obligations under the contract relating to staffing and caseloads. However, Plaintiff asserts that its performance was hindered by force majeure (the COVID-19 pandemic) and Defendant's bad faith rejection of Plaintiff's staffing proposals. As a result of Plaintiff's failure to meet the staffing and caseload requirements...

Excerpt: ...n against Defendants Hector Pulido (“Hector”) and Wells Fargo. The operative Second Amended Complaint, filed July 21, 2021, alleges: (1) fraud; (2) specific performance; (3) declaratory relief; (4) unjust enrichment; (5) constructive trust; (6) resulting trust; and (7) equitable lien. Plaintiffs' complaint arises from a dispute over a certain parcel of real property in Whittier, California. Plaintiffs allege that Maria's brother, Defendant He...

Excerpt: ...contract; (2) violation of Consumer Legal Remedies Act; (3) violation of False Advertising Law; and (4) violation of Unfair Competition Law. Plaintiff alleges that he saw an advert for a 2021 Mercedes AMG GT sports car listed by MBSJ on its dealership website and on Autotrader. The price was listed as $340,745, approximately matching the MSRP of the vehicle. Plaintiff alleges that he selected the “Start Purchase Online” option on MBSJ's websi...

Excerpt: ...rom Plaintiff's purchase of a 2019 Nissan Rogue (Vehicle). Request for Judicial Notice Plaintiff's request for judicial notice is GRANTED. Defendant's request for judicial notice is GRANTED. Discussion Defendant Nissan moves to compel Plaintiff to submit this action to binding arbitration. Nissan presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Glendale Nissan. (Thomas Decl. Ex. 3.) T...

Excerpt: ...aw, APC. The operative First Amended Complaint, filed April 27, 2022, asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Plaintiff alleges that Defendants represented him in a personal injury action but failed to communicate a Section 998 offer to Plaintiff and failed to apprise Plaintiff of his appellate rights. Plaintiff lost at trial, and Defendants allegedly did not help Plaintiff negotiate a cost waiver. On Jun...

Excerpt: ...er abuse; (3) intentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence. On February 2, 2022, this Court partially sustained Defendant's demurrer to the complaint. On March 2, 2022, Plaintiff filed the operative First Amended Complaint, which removed the negligence and negligent infliction of emotional distress claims. Plaintiff alleges that in January 2019, he ente...

Excerpt: ...legations. From May 2018 to September 2020, Plaintiff worked as a cook at a Habit Burger Grill restaurant. Plaintiff alleges that she was pregnant and requested accommodations but was still instructed to perform heavy lifting. Plaintiff also alleges that she suffered sexual harassment from another cook, Defendant Bonilla. After Plaintiff reported the harassment, Defendant Habit Employment allegedly did not investigate the claims and instead disci...

Excerpt: ...e Complaint alleges in pertinent part as follows: In March 2019, Plaintiff purchased a new 2019 Ram Truck 3500 (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) o...

Excerpt: ...er of a piece of property in La Canada Flintridge, California. Defendant ultimately lost the bid because it was lower than other bids that the seller had received. Defendant falsely blamed this loss on Plaintiff and began publicly accusing Plaintiff of cheating her out of the sale. Specifically, on March 17, 2022, Defendant accosted Plaintiff while Plaintiff was attending a mixer event. In front of Plaintiff's past and potential clients, Defendan...

Excerpt: ...ment and threats by Defendants, who were Plaintiffs' landlords. On March 18, 2022, Defendants filed the instant special motion to strike on the grounds that Plaintiffs' lawsuit is based on Defendants' service of notices, which constitute protected litigation activity. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsuit that qualifies as a strategic lawsuit ...

Excerpt: ...dgment 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 transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging fraudulen...

Excerpt: ...inst female coworkers based on sex, gender, and religion. Plaintiff alleges that his suspension was motivated by his own complaints of harassment against these same female employees in 2016. In December 2016, Plaintiff filed a Workers' Compensation claim against Defendant for emotional distress arising from a hostile work environment. On November 11, 2021, a Workers' Compensation Judge issued an award in favor of Plaintiff against Defendant. (Rat...

Excerpt: ...t alleges in pertinent part as follows: In August 2019, Plaintiff leased a new 2019 GMC Sierra 1500 (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) of the CLRA s...

Excerpt: ...ng against Defendants Shlomo Rechnitz (“Rechnitz”), San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On March 21, 2022, Plaintiff serv...

Excerpt: ...ess and Professions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On April 1, 2022, the court GRANTED Defendant's special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). LEGAL STANDARD A special motion to strike under CCP section 425.16 — the anti-SLAPP statute — allows a defendant to seek early dismissal of a laws...

Excerpt: ...s that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after paramedics and police came to assist him. On A...

Excerpt: ... San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On April 29, 2022, Plaintiff served Notices to Appear and Produce at Trial to Defendants...

Excerpt: ...ents to be rejected, resulting in no payment from Plaintiff's customers. A judgment on special verdict was entered April 28, 2022, resulting in a judgment for Plaintiff Speedy Fuel against Defendant Gilbarco in the amount of $777,054.41. On May 10, 2022, Plaintiff filed the instant motion for new trial to include prejudgment interest in the amount of $569,129. LEGAL STANDARD Civil Code section 3287, subdivision (a) sets forth the right to recover...