Excerpt: ..., Inc. dba Madeo Ristorante (“SPA”); Madu Inc. (“Madu”); Elvira Buffoni (“Buffoni”); Gianni Vietina (“Gianni”); and Nicola Vietina (“Nicola”) (collectively, “Defendants”) asserting 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 Madu. On February 7, 20...

Excerpt: ...Act – breach of express warranty, (2) violation of the Song-Beverly Act – breach of implied warranty, (3) violation of section 1793.2 of the Song- Beverly Act, (4) fraudulent inducement – concealment, (5) violation of the Consumer Legal Remedies Act (“CLRA”), (6) violation of the Unfair Competition Law (“UCL”) (Bus. & Prof. Code §§ 17200, et seq.), and (7) violation of the False Advertising Law (“FAL”) (Bus. & Prof. Code §§ ...

Excerpt: ... action for (1) violation of the Song-Beverly Act – breach of express warranty, (2) violation of the Song-Beverly Act – breach of implied warranty, (3) violation of section 1793.2 of the Song-Beverly Act, and (4) fraudulent inducement – concealment. DEMURRER A. Legal Standard A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. ...

Excerpt: ...rtainment, Inc. and Del Publishing, Inc. (“Plaintiffs”) commenced this action on April 4, 2019 against Defendants Gerardo Ortiz Medina p/k/a Gerardo Ortiz, Badsin Music, Inc., Badsin Entertainment, LLC, and Badsin Publishing (“Defendants”) for (1) breach of contract (2012 Recording Agreement); (2) damages under Labor Code §2855; (3) declaratory relief; (4) breach of contract (Publishing Agreement); (5) breach of contract (Management Agre...

Excerpt: ... Company (“TD”) (collectively, “Defendants”) alleging causes of action for (1) wrongful foreclosure, (2) setting aside trustee sale, (3) voiding or canceling trustee's deed upon sale, (4) unjust enrichment, and (5) quiet title. The FAC alleges in pertinent part as follows. Boyd was the owner of a 16-unit apartment complex located at 125 W. Chestnut Street, Glendale, CA 91205 (“Property”). Boyd received over $12,000 a month from these ...

Excerpt: ...laintiff commenced this action on April 14, 2018, against defendant for: (1) pregnancy discrimination; (2) retaliation; (3) violation of California Pregnancy Disability Leave Act; (4) wrongful termination in violation of Fair Employment and Housing Act; (5) wrongful termination in violation of public policy; (6) unpaid wages and waiting time penalty. On January 25, 2019, during a motion to compel hearing, both parties' counsels conferred with the...

Excerpt: ...s purchase of a 2014 Ford Escape. <0057004800550048004700 0056004800570057004f[ement agreement. (Kohen Decl. ¶ 3.) Per the terms of the agreement, Ford agreed to remunerate Plaintiff for the purchase price of the subject vehicle and to pay Plaintiff's “attorneys' fees, expenses and costs” in an amount determinable by a noticed motion. (Kohen Decl. Ex. 3.) The settlement agreement provides the following instructions: “In ruling on Plaintiff...

Excerpt: ...liability, (5) negligence, (6) violation of the Unfair Competition Law (“UCL”) (Bus. & Prof. Code §§ 17200, et seq.), (7) violation of the Consumer Legal Remedies Act (“CLRA”), and (8) intentional infliction of emotional distress (“IIED”). The Complaint alleges in pertinent part as follows. Defendant owns and leases a rear studio unit at 23137 Dolorosa Street, Woodland Hills, CA (“Premises”). On April 1, 2016, Plaintiff moved in...

Excerpt: ...nal complaint against Defendants Paula Green (“Paula”) and Dorothy Green (“Dorothy”) (collectively, “Defendants”). The Complaint asserts one cause of action to set aside fraudulent transfers. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those t...

Excerpt: ... May 29, 2019. The Complaint asserts causes of action for (1) violation of the California Invasion of Privacy Act (“CIPA”) (Pen. Code §§ 630, et seq.) and (2) invasion of privacy – intrusion into private affairs. The Complaint alleges in pertinent part as follows. <0057004c00490049000300 0003004c005100030057[he business of providing equipment financing and related services to companies seeking equipment leases and other such financing, th...

Excerpt: ...ant” or “City”) asserting causes of action for (1) discrimination in violation of FEHA; (2) harassment in violation of FEHA; and (3) retaliation in violation of FEHA. The Complaint alleges in pertinent part as follows. LEGAL STANDARD A. Motion to Quash Subpoena If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, make an order quashing the subpoena entirely, modifying...

Excerpt: ... 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 pertinent part as follows. <005a004400560003001a00 0052004f004700030044[nd suffered from dementia. She lacked the mental capacity to make independent financial decision. On June 7, 2016, Daniel and Michael Miller (“Millers”) escorte...

Excerpt: ...ch of fiduciary duty. The Complaint alleges in pertinent part as follows. Plaintiff sued a business partner, Samuel Emad (“Emad”), in Los Angeles Superior Court in an action entitled Greg Phillips v. Emad Samuel, et al. (Case No. BC575625) (“Real Property Action”). Plaintiff alleged that Samuel had breached their partnership agreement involving a parcel of real property in Oxnard, California. Plaintiff hired Defendants to represent him in...

Excerpt: ...iff alleges that although various defendant banks approved certain credit card and debit card transactions, the defendant banks ultimately failed to transfer the approved amounts to Plaintiff. The various defendants in this action include (1) the software developer for the transaction systems Gilbarco, Inc. (“Gilbarco”), (2) several banking institutions including Bank of America, N.A. (“BANA”), JPMorgan Chase Bank, N.A. (“Chase”), Cit...

Excerpt: ...iduals and beneficiaries of the Irwin L. Green and Dorothy L. Green Revocable 1998 Trust (collectively, “Plaintiffs”) filed the original complaint against Defendants Paula Green (“Paula”) and Dorothy Green (“Dorothy”) (collectively, “Defendants”). The Complaint asserts one cause of action to set aside fraudulent transfers. On June 10, 2019, the Court granted Robert's (1) motions to compel Defendants to attend and testify at deposi...

Excerpt: ... Redpoint Ventures (“Redpoint”); and Greycroft Partners IV, LP (“Greycroft”) (collectively, “Defendants”). The First Amended Compliant (“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) inducing breach of contract against Redpoint; (5) tortious interference with contr...

Excerpt: ... added Defendants Stacey Sher as trustee of the Stacey Sher Trust; Greg Holcomb; and Sharona Alperin. The operative pleading is the Third Amended Complaint (“TAC”) filed on January 26, 2018. The TAC asserts causes of action for (1) breach of contract; (2) fraud; (3) negligent misrepresentation; and (4) promissory estoppel. The only remaining party as to this action is the Bank. On May 31, 2019, following a five-day trial, a jury returned a ve...

Excerpt: ...ral contract; (2) conversion; (3) civil damages pursuant to Penal Code section 496(a); and (4) declaratory relief. On October 30, 2018, Moniz filed a Cross-Complaint against Grillo, War Party, Fat Chance Productions, Inc. (“Fat Chance”), and Joe Carnahan (“Carnahan”) (collectively, “Cross Defendants”). The Second Amended Cross-Complaint (“SAXC”) filed on April 25, 2019, asserts causes of action for (1) failure to pay overtime; (2)...

Excerpt: ...r Bay 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”). The operative pleading is the First Amended Complaint <0057005600...

Excerpt: ...David Heberden (“Heberden”); and R.E. Chaix & Associates Insurance Brokers, Inc. (“R.E. Chaix”) (collectively, “Defendants”) asserting causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) negligence, (4) unfair competition, (5) breach of fiduciary duty, and (6) declaratory relief. The Complaint alleges in pertinent part as follows. The Big Oaks Lodge (“Big Oaks”) is a rest...

Excerpt: ...tion for (1) statutory fraudulent transfer with actual intent – Civil Code section 3439.04(a)(1), (2) statutory fraudulent transfer with constructive intent – Civil Code section 3439.04(a)(2), (3) statutory fraudulent transfer with constructive intent – Civil Code section 3439.05, (4) common law fraudulent transfer, (5) transfer and/or cancellation of stock shares, (6) injunctive relief, (7) declaratory relief, and (8) unjust enrichment. Ea...

Excerpt: ... “Plaintiffs”) commenced this action against Defendant 900 South Figueroa Street Apartments Investors LLC (“Defendant”) on March 12, 2018. The operative pleading is the First Amended <0029002400260003004400 00440058005600480056[ of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1); (2) breach of warranty of habitability (violation of Health & Safety Code section 17920.3); (3) breach of warranty of ...

Excerpt: ...rted causes of action for (1) fraud, (2) conversion, (3) intentional infliction of emotional distress (“IIED”), (4) elder abuse, (5) alienation of affection, (6) kidnapping, and (7) interference of family contact. On February 22, 2019, the Court heard Defendants' demurrer to each cause of action in the Complaint. The Court sustained the demurrer to the IIED claim with leave to amend and sustained the demurrer to the other causes of action wit...

Excerpt: ...Plaintiffs”) commenced this action against Defendant Lincoln Transportation Services, Inc. (“Lincoln”) on April 10, 2019. Plaintiffs assert causes of action for (1) breach of written contract, (2) conversion, and (3) injunctive relief. <0058004800560057004800 00560044004f00030052[f the action without prejudice. On April 25, 2019, dismissal was entered. LEGAL STANDARD A plaintiff may dismiss its complaint in its entirety as to any defendant ...

Excerpt: ...out of Plaintiff's default on a $500,000 home equity line of credit for real property located at 11643 Otsego St., North Hollywood, CA 91601 (“Property”). The original complaint alleged causes of action for (1) violation of Civil Code section 2924.17; (2) violation of Civil Code section 2943; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) negligence; (6) violation of the Rosenthal Fair Debt Collection Practices Act (�...

Excerpt: ...��Defendants”) concerning real property located at 931 and 937 East Pico Street, Los Angeles, CA 90021 (“Building”). In their Third Amended Complaint (“TAC”), Plaintiffs allege 17 causes of action arising out of the warranty of habitability, negligence, and various statutory violations. On October 10, 2018, the Court sustained Defendants' demurrer without leave to amend to the following causes of action: (10) constructive eviction; (12)...

Excerpt: ...ntract; (2) conversion; (3) civil damages pursuant to Penal Code section 496(a); and (4) declaratory relief. On October 30, 2018, Moniz filed a Cross-Complaint against Grillo, War Party, Fat Chance Productions, Inc. (“Fat Chance”), and Joe Carnahan (“Carnahan”) (collectively, “Cross Defendants”). The Second Amended Cross-Complaint (“SAXC”) filed on April 25, 2019, asserts causes of action for (1) failure to pay overtime; (2) waiti...

Excerpt: ...vely, “Respondents”). The Petition alleges in pertinent part as follows. Respondents are California corporations engaged in the business of real estate property development. In 2014, Respondents approached Leland Wong (“Wong”), Petitioner's founder, seeking Wong's help in finding and sourcing real estate properties in the Los Angeles area for consideration for property development. In December 2014, Petitioner and Respondents entered into...

Excerpt: ...aintiff filed the First Amended Complaint (“FAC”) against Defendants Security Pacific Associates, Inc. dba Madeo Ristorante (“SPA”); Madu Inc. (“Madu”); Elvira Buffoni (“Buffoni”); Gianni Vietina; and Nicola Vietina asserting 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) ...

Excerpt: ...f action for (1) breach of express oral contract, (2) breach of implied contract, (3) unjust enrichment, (4) fraudulent misrepresentation, (5) negligent misrepresentation, (6) conversion, (7) declaratory relief, and (8) common count: money had and received. The Complaint alleges in pertinent part as follows. In May 2017, Maximo Aguirre (“Aguirre”), Plaintiff's president, and Defendant began discussing the creation and development of a music l...

Excerpt: ...019. The Complaint alleges causes of action for (1) specific performance – Civil Code section 3384, (2) breach of contract – Civil Code section 3300, (3) declaratory relief – CCP section 1060, and (4) preliminary injunction – CCP section 527. The Complaint alleges in pertinent part as follows. On July 7, 2014, Plaintiff and Defendant entered into a written lease agreement (“Lease”) for the operation of a restaurant by Defendant at rea...

Excerpt: ...“Freeman”) and T.D. Service Company (“TD”) (collectively, “Defendants”) alleging causes of action for (1) wrongful foreclosure, (2) setting aside trustee sale, (3) voiding or canceling trustee's deed upon sale, (4) unjust enrichment, and (5) quiet title. The FAC alleges in pertinent part as follows. Plaintiff was the owner of real property located at 125 W. Chestnut Street, Glendale, CA 91205 (“Property”). The Property possessed a...

Excerpt: ...es that although various defendant banks approved certain credit card and debit card transactions, the defendant banks ultimately failed to transfer the approved amounts to Plaintiff. On July 31, 2017, Defendants Citibank, N.A. (“Citibank”); JPMorgan Chase Bank, N.A., erroneously sued as JPMorgan Chase (“Chase”); Banc of America Merchant Services, LLC (“BAMS”); and Interlink Network, Inc.'s (“Interlink”) demurrers to the original ...

Excerpt: ...hase of a 2012 BMW 750 (“Vehicle”). Trial was initially set for September 25, 2018. On September 6, 2018, trial was continued to March 26, 2019. On March 14, 2019, trial was continued to August 27, 2019. On June 17, 2019, the Court denied Plaintiff's motion to compel Michael Murray (“Murray”), a Senior Product Engineer at BMW, to appear for deposition and to produce certain documents at the deposition. The Court concluded that the discove...

Excerpt: ... Plaintiffs Hall and Trevor Hall Touring, Inc. (“Hall Touring”) filed the First Amended Complaint (“FAC”) against Defendants Stepanek and Stepanek Management, Inc. (“Stepanek Management”) asserting causes of action for (1) conversion, (2) breach of fiduciary duty, (3) fraud, (4) declaratory relief, and (5) unjust enrichment. The FAC alleges in pertinent part as follows. Hall is a successful musician and songwriter. Hall regularly tour...

Excerpt: ...dventist Health System/West (collectively, “Defendants”). The 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. On February 25, 2019, the Court granted Plaintiff's motion to compel WMMC's further responses to her (1) form interrogato...

Excerpt: ...�TAC”) filed on May 9, 2019. The TAC asserts causes of action against Defendant for (1) violation of civil rights, (2) discrimination, (3) defamation, (4) harassment, (5) malicious prosecution, (6) libel, and (7) infliction of mental anguish and emotional distress. The TAC alleges in pertinent part as follows. <0003005200590048005500 00560003004400510047[, on a monthly average, spent 160 to 200 hours gambling there. On November 21, 2017 at arou...

Excerpt: ...ulent inducement – concealment. On June 18, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. Plaintiff's counsel declined the Court's invitation to reserve jurisdiction over the settlement agreement pursuant to CCP section 664.6. On September 17, 2018, the Court denied Plaintiff's motion to enforce settlement, finding that the Court lacked juri...

Excerpt: ...dpoint Ventures (“Redpoint”); and Greycroft Partners IV, LP (“Greycroft”) (collectively, “Defendants”). The First Amended Compliant (“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) inducing breach of contract against Redpoint; (5) tortious interference with contract...

Excerpt: ...e Superior Court Case No. RIC512676 (“Underlying Action”). Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. On December 5, 2018,...

Excerpt: ...perties, Inc.; Behzad Yasmeh (“Yasmeh”); and Mitra Mishael (“Mishael”). The First Amended Complaint (“FAC”) filed on April 10, 2019 asserts causes of action for (1) breach of fiduciary duty; (2) fraud – intentional omissions / misrepresentations; (3) fraud – negligent omissions / misrepresentations; (4) conversion; (5) breach of contract / joint venture agreement; (6) breach of warranty of good faith and fair dealing; (7) tortious...

Excerpt: ...ychiatric Hospital at UCLA, Philip Cogen M.D., the County of Los Angeles (“County”), the Los Angeles Sheriff's Department, Leroy Baca, and Pfizer, Inc. Plaintiff alleges that in September 2013, Cogen prescribed him a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges that on January 2, 2014, he suffered a severe psychotic breakdown as a result of taking ...

Excerpt: ...Defendants John Horton (“Horton”) and Tammy Cruz (“Cruz”) asserting causes of action for (1) breach of contract against Defendants, (2) assault against Cruz, (3) intentional infliction of emotional distress against Cruz, (4) trespass against Cruz, (5) injunctive relief against Cruz, and (6) negligent supervision against Horton. The Complaint alleges in pertinent part as follows. Thelma, a woman in her mid-seventies, lives at 2036 E. 126 t...

Excerpt: ... Entertainment Corp. (“Lions Gate”) filed the original complaint against Defendants Allied World Assurance Company (U.S.) Inc. (“Allied”); Alterra America Insurance Company (“AAIC”); Endurance American Insurance Company (“Endurance”); Freedom Specialty Insurance Company (“Freedom”); RSUI Indemnity Company (“RSUI”); and Starr Indemnity & Liability Company (“Starr”) alleging causes of action for (1) breach of contract; (...

Excerpt: ...t 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”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment to film and television production companies in Latin Americ...

Excerpt: ...nd Southern California Permanente Medical Group (“SCPMG”) (collectively, “Defendants”) asserts causes of action for (1) sexual battery, (2) intentional infliction of emotional distress, (3) assault, (4) negligence, (5) premises liability, and (6) professional negligence. The FAC alleges in pertinent part as follows. On December 21, 2017, Plaintiff visited Defendant SCPMG with complaints of skin abscesses on her lower back, posterior hair ...

Excerpt: ... causes of action against Defendants for (1) employment discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) harassment in violation of FEHA, (4) failure to prevent / remedy discrimination and/or retaliation in violation of FEHA, (5) wrongful discharge in violation of public policy, (6) defamation, (7) intentional infliction of emotional distress, (8) failure to pay wages earned including overtime compensation, (9) failu...

Excerpt: ...y 11, 2018. The Complaint alleges a single cause of action for negligent misrepresentation in connection with a short-term rental agreement of Plaintiff's Beverly Hills real property. LEGAL STANDARD The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§ 473(a), 576.) Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including duri...

Excerpt: ...n 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; (7) declaratory judgment; (8) failure to pay wages; (9) failure to provide rest breaks; (10) failure to prov...

Excerpt: ... (“Defendant”) arising out of the purchase of a 2016 Ford Mustang (“Vehicle”). LEGAL STANDARD A. Motion to Compel Deposition Appearance and Testimony “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 <0003004400030059004400 00460057004c00520051[ under Section 2025.410, fails to appear for examination,...

Excerpt: ... United Specialty Insurance Company (“United Specialty”) and Henry Jin Insurance Agency, Inc. (“Jin”) (collectively, “Defendants”) asserting causes of action for (1) money damages owed on judgment, (2) breach of contract — failure to defend, (3) breach of contract — failure to settle / indemnify, (4) breach of implied covenant of good faith and fair dealing — failure to defend, (5) breach of implied covenant of good faith and fa...

Excerpt: ...nt”)[1] RESPONDING PARTY: LUIS COCKRELL (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On December 6, 2018, Plaintiff filed this action against ELVIN GALINDO (hereinafter “DEFENDANT”); GILBERT ORTIZ, an Individual (hereinafter “Ortiz”); SP PLUS CORPORTATION, a Delaware Corporation dba STANDARD PARKING, INC. (hereinafter “Standard”); and DOES 1‐5, inclusive for (1) unpaid wages; (2) fai...

Excerpt: ...alify Loan Service Corporation (“QLSC”) on January 31, 2017 regarding real property located at 11643 Otsego St., North Hollywood, CA 91601 (“Property”). The action arises out of Plaintiff's default on a $500,000 home equity line of credit. The original complaint alleged nine causes of action: (1) violation of California Civil Code §2924.17; (2) violation of California Civil Code §2943; (3) fraudulent misrepresentation; (4) negligent mis...

Excerpt: ...“Valentine”) (collectively, “Defendants”) asserting causes of action for (1) <0052004700480003008600 [et seq.); (2) failure to pay wages; (3) failure to produce payroll and personnel files; and (4) violation of the Unfair Competition Law. LEGAL STANDARD A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends that there is no merit to t...

Excerpt: ...scano”) (collectively, “Defendants”). On November 13, 2017, Shin/Shinn filed a First Amended Complaint (“Shin/Shinn FAC”) against Defendants for (1) professional negligence, (2) breach of fiduciary duty, and (3) unauthorized practice of law (Bus. & Prof. Code § 6125, et seq.). B. Hansen Action <0048005100030044005100 0003002b004400510056[en (“Hansens”) filed a complaint against Defendants. On May 28, 2019, the Hansens filed a First...

Excerpt: ...ff was sentenced to 39 years and 4 months in state prison for an alleged robbery of a Bank of America, but the Court of Appeal reversed the Plaintiff's conviction on writ of habeas corpus. Plaintiff alleges that Defendant failed to take steps to test a towel and t-shirt for bank dye that was key evidence relied upon in his conviction. In the First Amended Complaint (“FAC”), Plaintiff alleges four causes of action: (1) legal malpractice; (2) b...

Excerpt: ...ally (collectively, “Plaintiffs”) commenced this medical malpractice action against Defendant Los Angeles County Department of Health Services (“DHS”). The First Amended Complaint (“FAC”) filed on October 15, 2018 asserts causes of action for (1) elder abuse and (2) wrongful death. On August 27, 2018, Plaintiff filed a Doe Amendment replacing Doe 1 with Southern California Healthcare System Inc. dba Southern California Hospital at Cul...

Excerpt: ...a Pleasant, Sandra Moss, and Mae Thomas, in their official capacities as members of the Board of Trustees of CUSD; and William Wu, in his official capacity as the chief of police for the CUSD police department (collectively, “Defendants”). The First Amended Complaint filed on September 10, 2018 asserted causes of action for (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA...

Excerpt: ...nsured/Underinsured Motorist Arbitration Matters pursuant to Insurance Code Section 11580.2(f)” (“Petition”). Petitioner alleges that it issued an automobile insurance policy to Respondent and the policy included uninsured/underinsured motorist coverage. (Pet. ¶2). Respondent made a claim for uninsured/underinsured motorist arbitration arising out of a motor vehicle accident on December 5, 2010, pursuant to the terms of the automobile insu...

Excerpt: ...ong (“Song”), and Changming Wang (“Wang”) (“Defendants”). The First Amended Complaint (“FAC”) filed on June 3, 2019 asserts causes of action for (1) failure to reimburse for necessary expenditures incurred, (2) breach of employment contract – failure to pay commissions, (3) accounting for commissions, (4) failure to pay overtime compensation, (5) failure to provide meal and rest period premium pay, (6) failure to maintain and pr...

Excerpt: ...roof of service of process. The proof reflects that Defendant was personally served with the Summons and Complaint on November 6, 2018. On December 28, 2018, default was entered against Defendant. ANALYSIS Plaintiff moves to set aside the default entered on December 28, 2018 pursuant to CCP section 473(b). CCP section 473(b) states in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representati...

Excerpt: ...deo 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”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment to film and television production companies in Latin America. D...

Excerpt: ...ong (“Song”), and Changming Wang (“Wang”) (“Defendants”). The First Amended Complaint (“FAC”) filed on June 3, 2019 asserts causes of action for (1) failure to reimburse for necessary expenditures incurred, (2) breach of employment contract – failure to pay commissions, (3) accounting for commissions, (4) failure to pay overtime compensation, (5) failure to provide meal and rest period premium pay, (6) failure to maintain and pr...

Excerpt: ... Viktor Tseshkovsky (“Tseshkovsky”) (collectively, “Plaintiffs” or “Cross-Defendants”) filed a complaint against Our Church Building, Inc. (“Defendant” or <0048004700030057004b00 00240050004800510047[ed Complaint (“FAC”) against Defendant alleging 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. B. C...

Excerpt: ...6> 2699, et seq.). Plaintiff alleges that she worked for Defendant as a payroll person from approximately June 2016 to June 2017. Plaintiff alleges that Defendant failed to comply with Labor Code sections 203, 204, 226, 226.7, 510, and 512. LEGAL STANDARD Courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions against parties engaging in misuse of the discovery process after giving the parties proper...

Excerpt: ...oore jumped from the performance stage and into the crowd, striking Plaintiff and causing injuries and damages, including a stroke. Plaintiff asserts causes of action for battery and negligence/recklessness against Defendants Moore and Lost Boys Touring, Inc. (“Moore Defendants”); and Defendants Belasco Entertainment Theater, Inc., and Belasco Unlimited Corporation (“Belasco”). The action came on regularly for trial on October 16, 2018 in...

Excerpt: ...Partners IV, LP (“Greycroft”) (collectively, “Defendants”). The First Amended Compliant (“FAC”) asserts causes of action for (1) breach of oral employment contract; (2) wrongful discharge in violation of public policy; (3) breach of fiduciary duty; (4) inducing breach of contract; (5) tortious interference with contractual relations; (6) tortious interference with prospective economic advantage; and (7) quantum meruit. On March 13, 20...

Excerpt: ... The First Amended Complaint (“FAC”) alleges causes of action for (1) recognition and entry of domestic judgment on foreign money judgment; (2) breach of written contract – loan agreement; (3) breach of written contract – civil mediation order; (4) common counts- money had and received; (5) false promise; (6) actual voidable transfer, (7) constructive voidable transfer, and (8) violation of Penal Code section 496(c). On February 1, 2019, ...

Excerpt: ...d Broadcast Music, Inc. (collectively, “Defendants”) for (1) rescission based on failure of consideration; (2) fraud; (3) rescission based on fraud; and (4) declaratory relief. Defendants prevailed in the compelled arbitration proceeding and were awarded ownership of Plaintiff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15...

Excerpt: ... (1) religious discrimination in violation of FEHA, (2) harassment based on religion in violation of FEHA, (3) retaliation for opposing practice forbidden by FEHA in violation of FEHA, (4) failure to do everything reasonably necessary to prevent discrimination, harassment, and retaliation from occurring in violation of FEHA, and (5) wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. Plaintiff i...

Excerpt: ... breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) promissory estoppel, (4) fraud, (5) negligent misrepresentation, (6) intentional interference with prospective economic advantage, and (7) violation of the Business and Professions Code section 17200. On June 3, 2019, Runyon filed a Cross-Complaint against Plaintiff. REQUEST FOR JUDICIAL NOTICE Defendants' requests for judicial notice are GRANTED in full. (Evi...

Excerpt: ...errill Lynch”) for (1) breach of fiduciary duty, (2) fraud, (3) negligent misrepresentation, (4) breach of implied covenant of good faith and fair dealing, and (5) violation of the Unfair Competition Law. The Complaint alleges in pertinent part as follows. <0044004a00480003004400 005a004c0057004b0003[Merrill Lynch. The total value of their accounts exceeded $4 million. Aaron Lapp (“Lapp”), a Merrill Lynch associate, was Plaintiffs' financia...

Excerpt: ...Forbes (“Forbes”), and Brunswick Builders, Inc. (“Brunswick Builders”). Plaintiff asserts six causes of action in the First Amended Complaint (“FAC”) including: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) trespass to property; (4) intentional interference with contractual relations; (5) negligence; and (6) breach of the covenant of quiet enjoyment. On July 18, 2017, Bertolino filed a Cross-Compla...

Excerpt: ...); SMG / Long Beach Convention & Entertainment Center (“SMG”); and Hubert Moshay (“Moshay”) (collectively, “Defendants”) for (1) sexual harassment in violation of FEHA, (2) sex discrimination in violation of FEHA, (3) race discrimination in violation of FEHA, (4) retaliation for opposing discrimination and harassment, (5) failure to prevent discrimination and harassment, (6) wrongful constructive discharge in violation of public polic...

Excerpt: ...llo (“Caudillo”), Luis Paredes (“Paredes”), Imelda Jimenez (“Jimenez”), Star Coast Escrow, Mariella Portillo (“Mariella”), Brenda Barrientes (“Barrientes”), Star Coast Realty, and GotMortgage.com Real Estate Group (“GotMortgage”). The Complaint alleges five causes of action for (1) quiet title, (2) cancellation of instrument, (3) conversion, (4) fraud and deceit, and (5) unjust enrichment. Plaintiff alleges that he owned r...

Excerpt: ...793.2(a)(3), (4) breach of express written warranty, (5) breach of the implied warranty of merchantability, (6) violation of the Magnuson-Moss Warranty Act, and (7) fraud by omission. Plaintiff's action arises out of her purchase of a 2018 Chevrolet Traverse (“Subject Vehicle”). DEMURRER A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those all...

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”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment to film and television production companies in Latin A...

Excerpt: ...sandro”) (collectively, “Defendants”) for (1) gender discrimination under FEHA, (2) age discrimination under FEHA, (3) harassment under FEHA, (4) retaliation under FEHA, (5) wrongful termination in violation of public policy, and (6) failure to prevent discrimination. The Complaint alleges in pertinent part as follows. In 2008, CNB hired Plaintiff to serve as Director and Senior Portfolio Manager for CNR, an investment management division o...

Excerpt: ...mpany (U.S.) Inc.; Alterra America Insurance Company; Endurance American Insurance Company; Freedom Specialty Insurance Company; RSUI Indemnity Company; and Starr Indemnity & Liability Company alleging causes of action for (1) breach of contract; (2) tortious breach of the implied covenant of good faith and fair dealing; and (3) declaratory relief. On December 20, 2018, Defendant Alterra America Insurance Company (“AAIC”) filed a Cross Compla...

Excerpt: ...c. (collectively, “Defendants”) for (1) rescission based on failure of consideration; (2) fraud; (3) rescission based on fraud; and (4) declaratory relief. Defendants prevailed in the compelled arbitration proceeding and were awarded ownership of Plaintiff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final ...

Excerpt: ...rly Consumer Warranty Act arising out of his purchase of a 2012 BMW 750. ANALYSIS “If, after service of a deposition notice, a party to the action. . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it. . . the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied ...

Excerpt: ...ging one cause of action for professional negligence. Plaintiffs allege that they retained JAG to perform architectural services for a project known as the Washington View Apartments (“Project”). Plaintiffs allege that JAG was responsible for determining all zoning issues relating to the Project. These responsibilities allegedly included the creation of a “density matrix” reflecting the size and number of the proposed units that could be ...

Excerpt: ...ice Corporation (“QLSC”) on January 31, 2017 regarding real property located at 11643 Otsego St., North Hollywood, CA 91601 (“the Property”). The action arises out of Plaintiff's default of a $500,000 home equity line of credit. The Complaint alleges nine causes of action: (1) violation of California Civil Code §2924.17; (2) violation of California Civil Code §2943; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) ...

Excerpt: ...N.A. (“Wells Fargo”); Wells Fargo Bank N.A. Home Equity (“Wells Fargo HE”); Wilmington Saving Fund Society, FSB, dba Christiana Trust, Trustee for Broughan Fund I Trust (“Wilmington”); Servis One, Inc. dba BSI Financial Services (“BSI”); and Zieve, Brodnax & Steel LLP (collectively, “Defendants”). The TAC alleges two causes of action: (1) promissory estoppel against Wilmington and (2) promissory estoppel against Wells Fargo. O...

Excerpt: ... Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and markets bath and lotion products that contain Diethanolamine (“DEA”), a chemical known to cause cancer. Plaintiff alleges that despite Defendants' knowledge of DEA in its products, Defendant has failed to provide clear and reasonable warnings of its risks in accordance with Health and Safety Code secti...

Excerpt: ... Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and markets bath and lotion products that contain Diethanolamine (“DEA”), a chemical known to cause cancer. Plaintiff alleges that despite Defendants' knowledge of DEA in its products, Defendant has failed to provide clear and reasonable warnings of its risks in accordance with Health and Safety Code secti...

Excerpt: ...AC”) filed on April 8, 2019 against Defendants Wells Fargo Bank, N.A. (“Wells Fargo”); Wells Fargo Bank N.A. Home Equity (“Wells Fargo HE”); Wilmington Saving Fund Society, FSB, dba Christiana Trust, Trustee for Broughan Fund I Trust (“Wilmington”); Servis One, Inc. dba BSI Financial Services (“BSI”); and Zieve, Brodnax & Steel LLP (collectively, “Defendants”). The TAC alleges two causes of action: (1) promissory estoppel ag...

Excerpt: ...Dorothy L. Green Revocable 1998 Trust (collectively, “Plaintiffs”) filed the original complaint against Defendants Paula Green (“Paula”) and Dorothy Green (“Dorothy”) (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. I. MOTION TO COMPEL APPEARANCES AT DEPOSITION AND PRODUCTION OF DOCUMENTS A. Legal Standard “If, after service of a deposition notice, a party to the action �...

Excerpt: ...ity of Los Angeles (“City”) and Community Redevelopment Agency of Los Angeles (“CRA”) and Real Party-in-Interest CRE- HAR Crossroads SPV, LLC (“Real Party”). The operative pleading is the verified First Amended Petition (“FAP”) filed on February 28, 2019. The FAP assert causes of action for (1) violations of the California Environmental Quality Act (“CEQA”); (2) violations of Planning and Zoning Law (“PZL”) and Community R...

Excerpt: ...rranty of merchantability under the Song-Beverly Warranty Act and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff's SBA causes of action are premised on his purchase of a new 2016 Chevrolet Silverado. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particula...

Excerpt: ...m Plaintiff's purchase of a 2018 Subaru WRX. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under CCP section 2030.230 is unwarranted or the required specification of those documents is inadequate, or (3) a...

Excerpt: ...es Inc. (“FCI”); and 2005 Residential Trust 3-2 (“2005 Residential Trust”) (collectively, “Defendants”). In his First Amended Complaint (“FAC”) filed on September 26, 2018, Plaintiff alleges six causes of action for (1) violations of the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”); (2) violations of Civil Code sections 2924.17 and 2924(a)(6); (3) unfair business practices; (4) cancellation of instruments; (5...

Excerpt: ...017, Defendant negligently drove her vehicle and collided with the vehicle of Robert S. Corry (“Corry”), Plaintiff's insured, causing Corry's vehicle damages in the total sum of $102,754.42. Plaintiff alleges that Plaintiff paid Corry the damages suffered and brings this action in subrogation to recover those damages from Defendant. LEGAL STANDARD A defendant may move to quash service of summons on or before the last day to plead in response ...

Excerpt: ...l Motors LLC (“Defendant”) alleging violations of the Song-Beverly Warranty Act arising out of his purchase of a new 2013 Chevrolet Cruze. On December 12, 2018, the Court ruled on three of Plaintiff's motions to compel further. The Court granted Plaintiff's motion to compel further responses to his Form <00110014000f0003001400 00030014001a00110014>. The Court granted in small part Plaintiff's motion to compel further responses to his Special ...

Excerpt: ...Hospital at UCLA, Philip Cogen M.D., the County of Los Angeles (“County”), the Los Angeles Sheriff's Department, Leroy Baca, and Pfizer, Inc. Plaintiff alleges that in September 2013, Cogen prescribed him a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges that on January 2, 2014, he suffered a severe psychotic breakdown as a result of taking CHANTIX, w...

Excerpt: ...rill, Inc. (“Chipotle Grill”), and Frida Cuevas (“Cuevas”) (collectively, “Defendants”) for (1) wrongful termination/adverse employment action in violation of public policy, (2) retaliation for <0018000f0003000b001600 0048005100570003004b>iring and retention, (4) intentional infliction of emotional distress, and (5) violation of Business and Professions Code section 17200. The Complaint alleges in pertinent part as follows. Defendants...

Excerpt: ...ir Complaint alleging the following causes of action: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code Section 1942.4; and (6) private nuisance. ANALYSIS If a party to whom [interrogatories or requests for admission] are directed fails to serve a timely response. . . [t]he party to whom the [interrogatories or re...

Excerpt: ...ntiff in his sole individual capacity filed the First Amended Complaint (“FAC”) alleging damages for (1) intentional infliction of emotional distress and (2) intentional interference with expectancy of inheritance. Plaintiff's FAC is captioned with a cause of action for negligent infliction of emotional distress, however there are no allegations of such in the actual FAC. Plaintiff alleges his mother, Maryl Lee Abrams, died on July 7, 2018. (...

Excerpt: ...PLC (“LA CITY LAW”), a California corporation, and Hadi Edward Ramsey (“RAMSEY”), collectively referred to as (“Defendants”), on December 4, 2017. Plaintiff alleges she entered into an agreement with Defendants to provide legal representation for the clients of LA CITY LAW in exchange for compensation. Plaintiff alleges the each of the Defendants was the agent, servant, employee, and/or co-conspirator of the other. The causes of actio...

Excerpt: ... Plaintiff alleges (1-3) violations of Cal. Civ. Code §1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) fraud. On April 8, 2019, the Court granted Defendant's motion for judgment on the pleadings as to the sixth cause of action without leave to amend. EVIDENTIARY OBJECTIONS <004c004700480051005700 004800460057004c0052>ns to the Decl. of Gregory Sogoyan as follows: All objections are S...