Excerpt: ...rse business expenses, provide rest/meal periods, and unfair business practices. At issue in the present demurrer is the second cause of action for failure to reimburse business expenses. Defendants argue that Plaintiff has failed to allege facts satisfying the elements of a failure to reimburse claim. 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.)...

Excerpt: ...d Insurance Company (“CSE”), in the defense and settlement of an underlying action in Los Angeles Superior Court, Marquita Hardison, et al. v. 38700 10th Street East, LLC (“Hardison Action”) on behalf of its named insured, Defendant 38700 10th Street East, LLC (“38700”). Plaintiff filed this action seeking reimbursement from 38700 for the uncovered amounts paid for the Hardison settlement. CSE Safeguard Insurance Company (“CSE”) c...

Excerpt: ...it Industries, Inc. (“Thermafit”), alleging the following causes of action: (1) fraud in the inducement; (2) fraud; (3) breach of fiduciary duty; (4) fraud; (5) financial elder abuse; and (6) conversion. Plaintiff alleges that he, Saro, and two nonparties founded IPT, Inc. in 1996. Plaintiff alleges that he worked for IPT as a machinist and mold maker. Plaintiff alleges that in 2005, Plaintiff, Saro, and the two nonparties founded Thermafit, ...

Excerpt: ... Lauren Taxter. The lease was entered into between Plaintiff and Defendant Abgaryan in July 2019. The action stems from unpaid rent for the month of January 2020. Currently, Defendant Taxter is the only tenant in possession, as Abgaryan has been incarcerated for murder. Plaintiff has subsequently dismissed Abgaryan since he is not in possession. Plaintiff and Defendant Taxter entered into a stipulation on September 9, 2021. The stipulation provid...

Excerpt: ...tional distress. The complaint stems from alleged defamatory comments made by Defendant on Defendant's website and social media. Defendant allegedly claimed that Plaintiff is in a romantic relationship with the mayor of Huntington Park and that Plaintiff is involved in public corruption. On November 1, 2021, Defendant's motion to strike under Code of Civil Procedure section 425.16, the “anti-SLAPP” statute, was GRANTED. LEGAL STANDARD A speci...

Excerpt: ...fessions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On December 23, 2021, Defendant filed the instant special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). Plaintiff has not filed an opposition. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early ...

Excerpt: ...while staying at Defendants' care facility. Plaintiff alleges that Defendants failed to properly monitor and provide care to him and that the facility was underfunded and understaffed with inadequately trained personnel. Plaintiff presently moves for an order quashing five subpoenas issued by Defendant Kelly & Garrett Enterprises, Inc. seeking medical records from Eisenhower Medical Center, Ivor Nazareth, M.D., and Mission Home Health. LEGAL STAN...

Excerpt: ...tiffs”). Defendant Denise White (“Defendant”) is not named as a beneficiary under the Trust. In July 2016, Defendant filed suit in Los Angeles Superior Court asserting her right to share in the Trust. In January 2019, the parties entered into a settlement agreement (the “Agreement”), whereby Defendant agreed not to prepare or assist in the preparation of any creation concerning Barry White. Defendant also agreed not to allow her name to...

Excerpt: ...��) initiated this FEHA action against her employers, Fetal Diagnostic Center of Southern California (“FDC”) and Dr. Afsaneh Karimi (“Dr. Karimi”), after being terminated. FDC and Dr. Karimi then cross-complained against Lopez and Dr. Farshid Moossazadeh (“Cross-Defendant”), alleging that Lopez wrongfully diverted insurance payments from patient referrals to Cross-Defendant. The cross- complaint further alleges that Lopez and Cross-De...

Excerpt: ...lleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a busines...

Excerpt: ...e implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. The complaint alleges the following pertinent facts. Plaintiffs and Defendants entered into a written sublease in July 2020 for 50,000 square feet of warehouse space in Vernon, California. Defendants did not deliver the full 50,000 square feet, instead providing at most 24,000 square feet. Defend...

Excerpt: ...ntract, (2) breach of good faith and fair dealing, and (3) wrongful termination in violation of public policy. Plaintiff has identified Does 1-3 as Burbank Subtenant LP, SRG Pacific Management LLC, and SRG Operating, Inc. (collectively “Doe Defendants”). The Doe Defendants' demurrer was sustained in part on August 18, 2021. The Court dismissed with prejudice Plaintiff's claims for breach of contract and breach of the covenant of good faith an...

Excerpt: ...a Zhao (“Zhao”), and others. The lawsuit arises from the following pertinent facts. MHT contracted to renovate Zhao's home but breached the contract by failing to complete the construction in a timely manner or according to specifications. Zhao therefore filed an action against MHT and its CEO, Pan. Nautilus insured MHT for MHT's potential liability to Zhao. However, Nautilus discovered that MHT and Pan had made material misrepresentations wh...

Excerpt: ...z (“Gutierrez”) (collectively “Defendants”), alleging seven causes of action for discrimination, harassment, retaliation, failure to accommodate, failure to prevent FEHA violations, and violation of equal pay. Plaintiff alleges that Defendants failed to accommodate his mental disability and that he suffers severe emotional distress as a result of Defendants' conduct. (FAC ¶¶ 23, 28, 35, 41, 44, 50, 54.) Plaintiff presently moves to quas...

Excerpt: ...“NDSM”) for Cadillac. As a result, Plaintiff was the liaison between GM and 19 GM dealerships in the Los Angeles area. Plaintiff alleges that two of those dealerships, Defendants Crestview Cadillac (“Crestview”) and Dutton Motor Company (“Dutton”), interfered with Plaintiff's employment by contributing to GM's decision to terminate Plaintiff based on her race. Plaintiff was terminated for purportedly failing to report fraud being comm...

Excerpt: ... Eric Stark (“Stark”) (collective “Defendants”). The complaint alleges the following causes of action: (1) breach of business loan agreement; (2) breach of guaranty; (3) common counts; and (4) unjust enrichment. This action arises from Digivision's failure to repay a $200,000 loan and $25,000 line of credit. Danae and Stark signed commercial guaranty agreements promising full payment of the money owed by Digivision. Plaintiff presently mo...

Excerpt: ...g eight causes of action stemming from Plaintiff's termination after taking medical leave. On December 6, 2021, this Court granted Plaintiff's amendment to complaint correcting the name of Defendant “Gardaworld Cash Services” to “Gardaworld Cash Services, Inc.” Defendant Garda CL West, Inc. presently moves to strike the amendment, or alternatively, requests the Court to reconsider its order granting the amendment. Defendant argues that Pl...

Excerpt: ... to the State Compensation Insurance Fund (SCIF) for unpaid insurance premiums. SCIF billed Defendant for $385,000. SCIF assigned the account to Plaintiff for collection purposes. Plaintiff now moves for summary adjudication on its two causes of action. 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 claim and...

Excerpt: ...(“Rudd”), alleging wrongful termination and violations of labor laws. On November 9, 2021, Rudd filed a cross-complaint against Brickman alleging breach of contract, negligence, fraudulent misrepresentation, and negligent infliction of emotional distress. On November 30, 2021, Brickman filed the instant demurrer to the breach of contract, negligence, and NIED claims. Rudd agreed during meet and confer to dismiss the fraud claim. (Demirjian De...

Excerpt: ... (the “Synod”) filed the operative First Amended Complaint (“FAC”) against Our Church Building, Inc. (“OCB”), alleging causes of action for: (1) declaratory relief and (2) constructive trust. The Synod contends that OCB was formed to acquire church property and operates under ROCOR's authority. (FAC ¶¶ 3, 42.) This action stems from OCB's refusal to transfer three properties to ROCOR: (1) the “Church Property,” (2) “Russian Ha...

Excerpt: ...and declaratory relief. The lawsuit stems from the following facts. In June 2007, AMAG entered into loan and security agreements with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had bre...

Excerpt: ...(collectively “Defendants”) for allegedly exercising undue influence over their parents, Gerson and Gertrude Fox, and causing them to disinherit Plaintiff from the estate. On December 13, 2021, Defendants filed a special motion to strike pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute). On December 16, 2021, Plaintiff filed the instant motion for leave to conduct limited discovery for the purpose of opposing Defenda...

Excerpt: ...rising from water intrusion and other weather damage to Plaintiff's house allegedly caused by Defendants' defective work. On November 24, 2021, Defendant Lane Dobbs dba Dobbs Construction Co. (“Dobbs”) filed the instant motion for determination of good faith settlement. The motion relies primarily on evidence obtained during discovery indicating that Dobbs did not perform the allegedly defective work because Plaintiff terminated Dobbs due to ...

Excerpt: ...ollowing causes of action: (1) breach of contract; (2) fraud; (3) negligent misrepresentation; (4) breach of the covenant of good faith and fair dealing; (5) common counts; and (6) unjust enrichment. Plaintiff entered into a contract with Gomez and Gomez's business, SCCT, whereby Gomez and SCCT agreed to convert two of Plaintiff's trucks into food trucks. (Compl. ¶ 11.) The total price of the modifications was $143,200. (Id., ¶ 12.) This amount...

Excerpt: ...unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed Tapia. On February 24, 2021, the District filed a cross-compla...

Excerpt: ...eged 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 the sale of a grocery store. The complaint has since been amended to add Gordon Choi (“Choi”) ...

Excerpt: ...DSM”) for Cadillac. As a result, Plaintiff was the liaison between GM and 19 GM dealerships in the Los Angeles area. Plaintiff alleges that two of those dealerships, Defendants Crestview Cadillac (“Crestview”) and Dutton Motor Company (“Dutton”), interfered with Plaintiff's employment by contributing to GM's decision to terminate Plaintiff based on her race. Plaintiff was terminated for purportedly failing to report fraud being committe...

Excerpt: ...reached the listing agreement and was subsequently sued by Plaintiff in Teresa P. Roberts v. Sona Patel (Case No. 20STCV13284), commenced in April 2020. In June 2021, this Court granted judgment in Plaintiff's favor in the amount of $192,000. The present action alleges that shortly before judgment, Defendant formed a Nevada limited liability company and transferred three properties to the LLC to hide them from creditors, including Plaintiff. Thro...

Excerpt: ...iff”) filed its Second Amended Complaint (“SAC”) against Minho Lim (“Lim”), Ki Soon Seo (“Seo”), N9 Int'l Trading, Inc. (“N9”), and Kaldea, Inc. (“Kaldea”) (collectively “Defendants”) alleging thirteen causes of action stemming from Defendants' receipt of kickbacks from Plaintiff's suppliers and customers. Plaintiff hired Lim as a sales associate around June 2016, and Lim's title changed to sales coordinator around June ...

Excerpt: ...rom Defendant's failure to promote Plaintiff, an African-American peace officer. Plaintiff presently moves to compel the depositions of Defendant's PMK and police chief. 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 Secti...

Excerpt: ...llegations that Plaintiff had his duties and privileges restricted in retaliation for reporting unsafe practices and misconduct. Defendants presently move for summary judgment. Plaintiff has not filed an opposition. 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 claim and to enable an order of summary dismiss...

Excerpt: ...man and Nielson (“Defendants”) signed a guaranty in connection to a $3.9 million loan made by a group of lenders to RR Kinglet, LLC (“RR”), a company controlled by Defendants. RR failed to repay the loan, resulting in modification agreements extending the maturity date of the loan. By the last agreed-upon maturity date of March 2018, RR had still not repaid the loan. At that time, the amount due was $4.5 million. Plaintiff Kinglet, LLC (�...

Excerpt: ...sing from water intrusion and other weather damage to Plaintiff's house allegedly caused by Defendants' defective work. On November 9, 2021, Defendant W.J. Mercier Construction, Inc. (“Mercier”) filed the instant motion for determination of good faith settlement. Relying primarily on expert testimony that the work it conducted on Plaintiff's property did not fall below the industry standard of care, Mercier reached a $25,000 settlement with P...

Excerpt: ...he covenant of quiet enjoyment and warranty of habitability. The complaint alleges the following pertinent facts. Defendant is the owner of an apartment unit in Los Angeles, which was approved as a single-family dwelling. Without the required permits, Defendant remodeled the property into a multiple-unit apartment complex by dividing the single unit into three. Defendant lives in one unit and rented the other two to Airbnb tenants and Plaintiff. ...

Excerpt: ...Complaint against State Farm General Insurance Company (“State Farm”) and Eberl Claims Service, LLC (“Eberl”). The complaint asserts breach of contract, breach of the covenant of good faith and fair dealing, negligent misrepresentation, and elder financial abuse. The claims asserted against moving Defendant Eberl are negligent misrepresentation and elder abuse. The action arises from the following pertinent allegations. Plaintiff McCarthy...

Excerpt: ...xia Zhao (“Zhao”), and others. The lawsuit arises from the following pertinent facts. MHT contracted to renovate Zhao's home but breached the contract by failing to complete the construction in a timely manner or according to specifications. Zhao therefore filed an action against MHT and its CEO, Pan. Nautilus insured MHT for MHT's potential liability to Zhao. However, Nautilus discovered that MHT and Pan had made material misrepresentations ...

Excerpt: ... and failure to accommodate. Defendant hired Plaintiff around August 2017 as a probationary special education teacher at Enterprise Elementary School. (UMF No. 1; AMF No. 3.) Plaintiff was then assigned to Tierra Bonita Elementary School for the 2018-19 school year. (UMF No. 18.) Throughout her employment, Plaintiff made various complaints regarding staffing issues, hostile work environment, and ADA violations. (UMF No. 34, AMF Nos. 3-7, 10.) Pla...

Excerpt: ... following causes of action: (1) whistleblower retaliation; (2) discrimination; (3) harassment; (4) FEHA retaliation; and (5) failure to take remedial action. Plaintiff is employed by Defendant County of Los Angeles, and his lawsuit stems from alleged mistreatment by coworkers and supervisors, including Defendant Martinez. This mistreatment was allegedly due to Plaintiff being African-American. Plaintiff alleges that he was openly chastised, excl...

Excerpt: ...be rejected, resulting in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco are scheduled for trial in January 2022. Gilbarco presently mo...

Excerpt: ...ven causes of action. Causes of action 1-9 and 11 relate to Plaintiff'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 on behalf of herself and her fellow employees. Plaintiff claims that she and other employees were misclassified as independent contractors and denied proper pay and breaks. Plaintiff presently moves for an order compel...

Excerpt: ...xpress warranty. The causes of action arise from Plaintiff's purchase of a 2018 Mercedes-Benz E400C (Vehicle). Discussion A. The equitable estoppel doctrine applies and Mercedes may compel Plaintiff to arbitrate his claims against Mercedes. Defendant Mercedes moves to compel Plaintiff to submit this action to binding arbitration. Mercedes presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff a...

Excerpt: ...nst her employers World Oil Corp. and Asbury Environmental Services, and Does 1-25 (collectively “Defendants”), alleging the following causes 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....

Excerpt: ...Eric J. Grenier (“Defendants”). The complaint stems from a lease agreement between landlord Plaintiff and tenant Defendant Lagree Underground. Defendant Grenier is the guarantor of Lagree's lease with Plaintiff. Plaintiff alleges that Defenant Lagree defaulted on its rent obligations on June 1, 2020 and owes around $58,750.14 as of February 1, 2021. Defendants Lagree and Grenier demur to both causes of action in the complaint, citing the ongo...

Excerpt: ...ny (“Old Republic”) (collectively “Defendants”). The complaint alleges breach of contract against Gold Coast and Mracek, and an action on surety bonds against Old Republic. The lawsuit stems from Gold Coast's alleged failure to construct Plaintiff's pool according to specifications. The pool was damaged and became unusable. Mracek is Gold Coast's CEO and allegedly Gold Coast's alter ego. Plaintiff's claim against Old Republic stems from a...

Excerpt: ...resentation; (3) breach of contract; (4) unjust enrichment; (5) money had and received; and (6) violation of Business and Professions Code. Plaintiff entered into a contract with GBM whereby GBM was to supply medical gloves to Plaintiff. (Compl. ¶ 11.) Plaintiff made a $1,064,778 deposit pursuant to a purchase order. (Id., ¶ 13.) GBM allegedly misrepresented the type of gloves it intended to provide. (Id., ¶¶ 14-16.) When GBM missed the deliv...

Excerpt: ...aint alleges the following causes of action: (1) breach of fiduciary duty and conspiracy thereof; (2) fraud; (3) intentional interference with contractual relations and prospective economic advantage; (4) breach of the implied covenant of good faith and fair dealing; (5) violation of Business and Professions Code section 17200; and (6) aiding and abetting breach of fiduciary duty. The complaint alleges in pertinent part as follows. Plaintiff Meta...

Excerpt: ...he trustee of the Hubert Dastig trust. (Compl. ¶ 2.) The property at issue in this action is a parcel of real property located in North Manhattan Place, Los Angeles (the “Property”). (Id., ¶ 4.) Plaintiff is the biological child of Wanda Dastig but not of Defendant Hubert Dastig, Wanda's husband. Plaintiff alleges that he is an undivided one-half owner of the Property, which was originally acquired by Hubert and Wanda Dastig. (Compl. ¶ 5.)...

Excerpt: ...contract, and (4) breach of the covenant of good faith and fair dealing. Plaintiff has since dismissed the fourth cause of action. The lawsuit arises from alleged statements made by Defendant on social media accusing one of Plaintiff's bartenders of drugging her and calling for a boycott of Plaintiff's business. (Compl. ¶¶ 12-13.) On August 13, the parties entered into a settlement agreement (“Agreement”) whereby Plaintiff would release Def...

Excerpt: ...ng the following causes of action: (1) breach of contract; (2) fraud; (3) common count; (4) accounting; and (5) voidable transaction. Around 2002, Plaintiff and Binder entered into an oral contract whereby Plaintiff would provide seed money and services to help Binder launch an internet jewelry business. (RSAC ¶ 5.) In exchange, Plaintiff was to receive 12% of yearly revenues and an annual accounting of gross revenues. (Ibid.) At some point afte...

Excerpt: ...ng and Fire Supply, Inc. (“GPFS”), and Thermafit Industries, Inc. (“Thermafit”), alleging the following causes of action: (1) fraud in the inducement; (2) fraud; (3) breach of fiduciary duty; (4) fraud; (5) financial elder abuse; and (6) conversion. Defendants Saro and Armond presently demur to the second, fourth, and fifth causes of action. Plaintiff alleges that he, Saro, and two nonparties founded IPT, Inc. in 1996. Plaintiff alleges t...