Excerpt: ...act, (2) foreclosure of mechanic's lien, (3) violation of Civil Code section 8800, (4) breach of the implied covenant of good faith and fair dealing, and (5) common counts. The complaint arises from unpaid work that Plaintiff, a contractor, performed on the home of Defendant Messer. Plaintiff contracted with Defendants TNT Simmonds and J. Alexander Company to serve as a contractor for the fabrication and erection of structural steel for the build...

Excerpt: ...and (3) negligence. The complaint stems from the death of Decedent, who committed suicide inside a Marriott hotel room. Plaintiff is Decedent's daughter. (Compl. ¶ 1.) On February 24, 2022, Decedent checked into the hotel amidst a mental health crisis. (Id., ¶ 22.) Upon becoming concerned that Decedent did not appear for a scheduled visit, Decedent's relatives contacted the Moorpark Police Department, which was staffed and operated by the Ventu...

Excerpt: ... Insurance Company _ The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage: (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Ins Angeles: in which Roben Blaisch and Kenneth Eldon were tenants. The duplex burned doun in a fire due to the alleged negligence of Blaisch and Eldon:...

Excerpt: ...ed the property at various times throughout Plaintiffs' tenancy. The operative Second Amended Complaint was filed on Ncnember 30, 2022. On May 9: 2023: Plaintiffs filed the instant motion for leave to file a Third Amended Complaint (TAC). Plaintiffs seek to add 26 plaintiffs, two defendants: and an additional cause of action for violation of Los Angeles County Code. Defendants Reynaldo Tobias and Isolina Tobias, who owned the property from about ...

Excerpt: ...fendant 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 ower WGHZ s assets for themselves. Triton allegedly demanded a hig...

Excerpt: ...) all claim an interest In 201 Khachatryan leased the Vehicle from the Lexus dealership and Mkrtchyan cosigned on the lease. Roughly a year later, Danielian sublet the Vehicle from Khachatryan. In March: 2020: Danielian was driving the vehicle in the rain: at which time he contends the Vehicle stalled in a large puddle and was subsequently flooded Defendant STATE FARM N'WTUAL AUTOMOBILE INSURANCE COIMPANY State Farm") issued a policy of automobil...

Excerpt: ...ords; (2) unfair business practices, (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The orrrative First Amended Complaint: filed May 27 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classiö' or pay Plaintiff as an employee but ...

Excerpt: ... and his husband, Plaintiff Grady, is a licensed clinical social worker. The complaint stems from emails sent to other farnily law attorneys by anonymous individuals These emails impersonate Plaintiffs and insinuate that Plaintiffs are pedophiles, exchange sex for money, and are seeking to intentionally spread STDs_ Plaintiffs are currently seeking to identiö,• the Doe Defendants in order to serve them with the summons and complaint. Plaintiff...

Excerpt: ... May 5: 2023: Defendant City of Los Angeles filed the instant demurrer to the second through seventh causes of action. Plaintiff filed an opposition on May 17, 2023. Defendant replied on May 24: 2023. 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 in context. (Taylor v. CiO' of L...

Excerpt: ...s arise from his purchase of a 2017 Chevrolet Tru Silverado 1500 (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 seroecl a valid objection under Section 2025.410: fails to appear for examination, or to proceed with it, or to produce for inspe...

Excerpt: ...ms arising from defective construction performed on Plaintiffs' home. The complaint alleges causes of action for (1) breach of contract; (2) fraud; (3) accounting; (4) negligence; (5) fraudulent inducement, (6) ultra vires; and (7) intentional infliction of emotional distress. According to the allegations: Plaintiffs hired Brouse: an architect: to design and implement the remodeling plan, as well as recommend an appropriate builder and contractor...

Excerpt: ...nijan), Brandon Brooks (Brooks): Greg Bisel (Bisel): and Amnon Band. EFD is a supplier of motion picture equipment and services to film and television productions. Teran is the founder of EFD_ This dispute stems from EFIY s allegations about fraudulent and other improper charges by its major supplier and others regarding equipment financing transactions. The operative First Amended Complaint (FAC) was filed November 21 2017 _ Plaintiffs settled t...

Excerpt: ...as restored to active status in 2022 after the failure of arbitration. The order of dismissal was vacated. On April 14, 2023, Defendant filed the instant motion for leave to file a cross-complaint. The proposed cross-complaint is substantively identical to the cross-claim Defendant asserted in arbitration. LEGAL STANDARD ' 'A party who fails to plead a cause of action subject to the requirements of this anicle, whether through oversight: inadvert...

Excerpt: ...tentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence On March 2, 2022, Plaintiff filed the operative First Amended Complaint: which removed the negligence and negligent infliction of emotional distress claims. The physical elder abuse and intentional infliction of emotional distress claims were stricken on demurrer. This leaves wrongfill eviction and financial el...

Excerpt: ...ril 6, 2023 Defendant Carwell, LLC dba Land Rover South Bay ("Canvell") filed a demurrer to the complaint in its entirety for uncertainty and failure to state a cause of action. Plaintiff did not file an opposition. Since Plaintiff has not filed a response to the Demurrer: the court finds that Plaintiff agrees that Carwell' s demurrer has merit LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v...

Excerpt: ... "Defendants"). The complaint arises from Defendants' production and sale of "ghost gun" kits. Plaintiff alleges that Defendants' conduct violates the Federal Gun Control Act ("GCA") and Child Safety Lock Act ("CSLA"), as well as the California Unsafe Handgun Act ("CUHA") and Assembly of Firearms Law C 'AFLO (CompL 39-61.) These violations form the basis for Plaintiffs UCL claim, which alleges that Defendants' violation of the foregoing federal a...

Excerpt: ...ural 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 ower WGHZ s assets for themselves. Triton allegedly demanded a higher ownership s...

Excerpt: .... The FAC asserts (1) Labor Code retaliation, (2) FEHA discrimination, (3) FEHA retaliation: and (4) FEHA failure to prevent. Plaintiff is a detention facility captain employed by the County (FAC 23, 24.) Plaintiff alleges that Sheriff Villanueva personally intervened in Plaintiff s exercise of her duties and actively undermined Plaintiffs authority _ (ld., 25 Plaintiff also filed a Policy of Equity ("POE") complaint against her supervisor, Comma...

Excerpt: ...r competition, (4) declaratory and injunctive relief, and (5) professional negligence Plaintiff is an attomey who hired Defendants to prepare and enhance certain deposition exhibits. Defendants did not do so adequately, resulting in this action. Plaintiff alleges that Defendants fraudulently induced Plaintiff into paying for services and providing confidential information. On March 17 2023 Defendants filed the instant demurrer and motion to strik...

Excerpt: ...essor-in-interest and Decedent' s minor children through a guardian ad litem against County of Los Angeles, Deputy De La Rosa: and Deputy Mercedia Booza_ The operative First Amended Complaint was filed on November 3: 2022 On February S, 2023 Defendants filed the instant demurrer to the first cause of action in the FAC. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App...

Excerpt: ... 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 April 28, 2023, Defendants Monarch Apartments Owner LLC, Crescent Canyon Corp., and Manhattan West Property Management LLC (Doe 1) filed the instant demurrer to the fourth cause of action (emotio...

Excerpt: ...s African-Americam The operative First Amended Complaint, filed December 28, 2022, asserts (1) violation of Unmh Civil Rights Act, (2) violation of Business and Professions Code section 17200, and (3) false imprisonment against Defendants CVS Pharmacy, Inc., CVS Health, Inc.: Garfield Beach CVS, LLC, and Kenneth Weis_ Plaintiff had previously filed a lawsuit based on the same facts in San Bernardino Superior Court. Defendants had the case remcnec...

Excerpt: ...a 2021 BMW' X7 (Vehicle) Discussion Defendant BMW moves to compel Plaintiff to submit this action to binding arbitration. BMIV presents a copy of the Vehicle's Lease Agreement entered into by Plaintiff and Long Beach BMW. (Mendoza Deci. Ex. 1.) Plaintiffs causes of action fall within the broad scope of this arbitration clause because the causes of action relate to the purchase and condition of the Vehicle. (See Vianna v. Doctors ' Management Co. ...

Excerpt: ...alleging violations of FEHA wrongåul 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 uorked for Disney from the 1980s until 2019, when they were terminated....

Excerpt: ...nated Plaintiff as retaliation for Plaintiff s complaints regarding COVID safety _ The orrrative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310: 6311, 1102 232 and Business and Professions Code section 172CH3 On February 24, 2023 Defendant filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or ad...