Excerpt: ...ile attempting to serve Defendant, <0044005600030059004400 0003004b004c00560003[automobile and other personal property. EVIDENTIARY OBJECTIONS <004d004800460057004c00 0052004f004f0052005a[s: All objections are SUSTAINED. (Evid. Code § 350.) LEGAL STANDARD 1. Service of Summons on Person Outside California A summons may be served on a person outside California by sending a copy of the summons and of the complaint to the person to be served by fir...

Excerpt: ...�) (collectively, “Defendants”) for (1) sex discrimination in violation of FEHA, (2) harassment in violation of FEHA, (3) retaliation for opposing harassment in violation of FEHA, and (4) failure to take all reasonable steps to prevent discrimination and harassment in violation of FEHA. Plaintiff alleges that he was formerly employed by FECU for over ten years and that Vary was his immediate supervisor. Plaintiff alleges that from 2011 until ...

Excerpt: ... 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, this case...

Excerpt: ...rd Hawkes (“Hawkes”), Scott Isaacs (“Isaacs”), Michael Baca (“Baca”), and Richard Lopez (“Lopez”). Plaintiff alleges five causes of action in the First Amended Complaint for (1) violation of Labor Code §1102.5; (2) violation of the Whistleblower Protection Act; (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; and (5) defamation. Plaintiff alleges he reported illegal activit...

Excerpt: ...endants”) 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 judgment entered on Augu...

Excerpt: ... into a retainer agreement. 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, this case came before a jury and t...

Excerpt: ...& Avedon, LLP (“Bemel Ross & Avedon”); David Beitchman (“Beitchman”); and Beitchman & Zekian, a Professional Law Corporation (“Beitchman & Zekian”). Plaintiffs allege causes of action for (1) professional malpractice; (2) breach of fiduciary duty; (3) professional negligence; (4) conversion; and (5) legal malpractice. Plaintiffs assert the first four causes of action against Avedon and Bemel Ross & Avedon (collectively, “Avedon Defe...

Excerpt: ...res Aguirre (“Dolores”) (collectively, “Defendants” or “Cross Complainants”) for (1) breach of contract, (2) breach of fiduciary duty, (3) conversion, (4) fraud, (5) negligent misrepresentation, (6) unfair business practices, and (7) tortious interference with existing contractual relations. The Complaint alleges in pertinent part as follows. The parties are in the music business. Plaintiff is a concert and tour producer. Defendant Un...

Excerpt: ...causes of action against all Defendants for (1) misclassification as an independent contractor; (2) declaratory relief; (3) failure to pay wages upon separation; (4) failure to provide itemized wage statements; (5) unfair business practices; (6) failure to pay overtime; (7) failure to provide meal and rest breaks; (8) claim brought under Labor Code § 2699; (9) failure to pay statutory minimum wage; and (10) violation of Labor Code § 212. On Jan...

Excerpt: ...) asserting a single cause of action for declaratory relief. The Complaint alleges in pertinent part as follows. Defendant entered into a written attorney fee agreement with Mohsen Shoamanesh (“Shoamanesh”) to represent him in an action against his former employer. Defendant on behalf of Shoamanesh filed a complaint in Los Angeles Superior Court. After two years of representing Shoamanesh in the action, Defendant abandoned Shoamanesh at a cri...

Excerpt: ...the Labor Code, conversion, unfair competition, and disability discrimination. On January 16, 2019, the Court granted Defendant's Motion for Judgment on the Pleadings (“MJOP”) without leave to amend. On February 1, 2019, the Court entered Judgment in favor of Defendant Antonio Diaz (incorrectly sued as Antony Diaz) and dismissed Plaintiff's entire action with prejudice. JUDICIAL NOTICE The Court takes judicial notice of the records and filing...

Excerpt: ...��). Plaintiff alleges four causes of action including (1) perceived and/or physical disability harassment, discrimination, and retaliation in violation of FEHA, (2) harassment, discrimination, and retaliation in violation of CFRA, (3) retaliation and wrongful termination in violation of public policy, and (4) declaratory relief. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Defendants' Request for Judicial Notice. (Evid. Code § 452(d), (h).) EVI...

Excerpt: ...d fair dealing; and (4) fraud. Plaintiff alleges Defendant Boteco, Inc. was the owner of the Deli In Restaurant located at 3456 ½ Wilshire Blvd, Los Angeles, California. Plaintiff alleges that on or about February 21, 2018, Plaintiff and Defendant entered into the written agreement for the purchase and sale of the business known as the Deli In Restaurant. (Complaint ¶13.) Plaintiff alleges that as part of the agreement, Defendants represented t...

Excerpt: ... On March 7, 2019 Plaintiffs allege the following five causes of action in their Second Amended Complaint (“SAC”): (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 the Song Beverly Act section 1793.2; (4) fraudulent inducement- concealment; and (5) fraudulent inducement- intentional misrepresentation. ANALYSIS <004a0044004f0003005600 0046005c...

Excerpt: ...ry. Plaintiff alleges Defendant made a promise without intent to perform and Defendant loaned money at an interest rate in excess of the maximum rate allowable under California law. ANALYSIS <004a0044004f0003005600 0046005c000300520049> the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat ...

Excerpt: ...d into a retainer agreement. 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, this case came before a jury and ...

Excerpt: ...on including (1) breach of oral contract; (2) conversion; (3) civil damages pursuant to California Penal Code §496(a); and (4) declaratory relief. On October 30, 2018 Moniz filed a Cross Complaint and on February 5, 2019 Moniz filed a First Amended Cross Complaint (“FAXC”) against Cross Defendants War Party LLC, Fat Chance Productions, Inc., Frank Grillo and Joe Carnahan (“Cross Defendants”). The FAXC alleges twenty causes of action incl...

Excerpt: ...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. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Plaintiff's request for judicial notice. (Cal. Evid. Code §451-453.) ANALYSIS “If, after service of a deposition notice, a par...

Excerpt: ... amended complaint (“4AC”) against Defendants Marina Strand Colony #1; Marina Strand Colony #1 Board of Governors; Marina Strand Colony #1 Architectural Committee; Luzelba Mansour; Zacky Mansour; Fidelity National Title Company, (collectively, “Defendants”). Plaintiffs allege ten causes of action including (1) breach of covenants, conditions and restrictions; (2) abatement of private nuisance and damages; (3) trespass to land; (4) neglige...

Excerpt: ... (1) discrimination in violation of FEHA; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) wrongful termination in violation of public policy. Plaintiff alleges that after his worker's compensation claim closed following settlement, he was terminated. (Complaint ¶¶18-21.) ANALYSIS On receipt of a response to interrogatories, the propounding party may move for an order compelling a further resp...

Excerpt: ...efendants”) alleging thirteen causes of action including: (1) race/color discrimination; (2) race/color harassment; (3) failure to prevent harassment; (4) retaliation; (5) disability discrimination; (6) failure to provide reasonable accommodations; (7) failure to engage in the interactive process; (8) wrongful termination; (9) intentional infliction of emotional distress; (10) whistleblower retaliation; (11) pregnancy discrimination; (12) failu...

Excerpt: ... promise; (4) quantum meruit; (5) unjust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (LASC case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer, Freddie R...

Excerpt: ...ty Systems GP, Inc.; Allied Universal Security Services; Alliedbarton Security Services LP; Allied Barton Security Services LLC; ABM Security Services, Inc.; Allied Security Holdings LLC; and ABM Industries Incorporated (collectively, “Defendants”.) Plaintiff alleges seventeen causes of action including: (1) failure to provide meal breaks; (2) failure to provide rest breaks; (3) failure to pay wages; (4) failure to pay overtime; (5) failure t...

Excerpt: ...s Paula Green and Dorothy Green (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. <0059004800550055005800 00510047004400510057>s' demurrer and denied Defendants' motion to strike. ANALYSIS “(b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented par...

Excerpt: ...endant”). Plaintiff alleges the following causes of action (1) breach of warranty of habitability (violation of Civil Code §1941.1); (2) breach of warranty of habitability (Health & Safety Code §17920.3); (3) breach of warranty of habitability (violation of Civil Code §1942.4); (4) negligence- premises liability; (5) nuisance; (6) intentional infliction of emotional distress; (7) breach of contract; and (8) breach of covenant of quiet enjoym...

Excerpt: ...vidually and derivatively on behalf of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. Plaintiffs filed their First Amended Complaint on January 2, 2019 alleging twenty three causes of action, derivatively and individually on behalf of Trustifi Inc., a Canada Corporation, and Trustifi Corporation, a Nevada Corporation. The causes of action are as follows: (1-2) breach ...

Excerpt: ...dant Qualify Loan Service 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 m...

Excerpt: ...“Skrillex”) at the Belasco Theater. Plaintiff alleges that Skrillex jumped from the performance stage and into the crowd, striking Plaintiff and causing injuries and damages, including a stroke. Plaintiff asserts <00480046004e004f004800 004a0044004c00510056[t Defendants Moore and Lost Boys Touring, Inc. (“Moore Defendants”); and Defendants Belasco Entertainment Theater, Inc., and Belasco Unlimited Corporation (“Belasco”). The action c...

Excerpt: ... in violation of public policy; (2) sexual harassment; (3) discrimination based on sex; (4) retaliation; (5) failure to take all reasonable steps to prevent harassment, discrimination and retaliation; and (6) intentional infliction of emotional distress. ANALYSIS “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate a controversy...

Excerpt: ...rd and debit card transaction systems at its stations. Plaintiff 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. 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 ...

Excerpt: ...�Defendants”). Plaintiff alleges (1) PAGA; (2) failure to pay wages; (3) failure to produce payroll and personnel files; and (4) unfair competition law. ANALYSIS The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.” (CCP § 2031.310(b)(1).) If the moving party has shown good cause for th...

Excerpt: ...man and T.D. Service Company (collectively, “Defendants”). The causes of action include: (1) wrongful foreclosure; (2) to set aside trustee sale; (3) to void or cancel trustee's deed upon sale; (4) for unjust enrichment; and (5) to quiet title. ANALYSIS It is a misuse of the discovery process to fail “to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.”...

Excerpt: ... treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed liberally to determine whether a cause of action has been stated. (Id. at 733.) Plaintiff has the burden to plead and prove administrative exhaustion or exceptions thereto. (Holland v. Union Pacific R. Co. (2007) 154 Cal.App.4th 940, 945.) In order to bring a cla...

Excerpt: ...plaint against Defendants Gi & Do Inc.; Kay Kim; Jasmin Padilla; and Chong H. Chung (collectively, “Defendants”) alleging thirteen causes of action including: (1) race/color discrimination; (2) race/color harassment; (3) failure to prevent harassment; (4) retaliation; (5) disability discrimination; (6) failure to provide reasonable accommodations; (7) failure to engage in the interactive process; (8) wrongful termination; (9) intentional infl...

Excerpt: ...Chrysler Jeep Dodge, Inc. (“Alhambra Chrysler”). Plaintiff alleges violations of (1) Civ. Code §1793.2(d); (2) Civ. Code §1793.2(b); (2) Civ. Code §1793.2(a)(3); (4) Civ. Code §1791.2(a) and §1794; and (5) Civ. Code §1791.1 and §1794. The matter came before the Court for jury trial on January 11, 2019. After hearing all the evidence and argument of counsel, the jury found in favor of Plaintiff and against Defendant FCA US, LLC in the a...

Excerpt: ...vil damages pursuant to California Penal Code §496(a); and (4) declaratory relief. On October 30, 2018 Moniz filed a Cross Complaint and on February 5, 2019 Moniz filed a First Amended Cross Complaint (“FAXC”) against Cross Defendants War Party LLC, Fat Chance Productions, Inc., Frank Grillo and Joe Carnahan (“Cross Defendants”). The FAXC alleges twenty causes of action including: (1) failure to pay overtime; (2) waiting time penalties; ...

Excerpt: ... Kwai Wah Chu for (1) breach of written contract- commercial lease, and (2) declaratory relief. The causes of action arise out of Plaintiffs' commercial lease of 2415 S. Sierra Drive, Compton, CA 90220. ANALYSIS Defendant served its form interrogatories, special interrogatories, request for admission and requests for production of documents to Plaintiff on June 22, 2018. (Jhun Decl. ¶5, Exh. 1, 2, 3, 4.) Counsel for Plaintiff indicated that his ...

Excerpt: ...iary duty; (3) conversion; (4) deceit; (5) resulting trust; and (6) accounting. ANALYSIS <004a0044004f0003005600 0046005c000300520049[ the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or co...

Excerpt: ...tiff alleges four causes of action including: (1) retaliation in violation of Labor Code §6310; (2) retaliation in violation of Labor Code §232.5; (3) retaliation in violation of Labor Code §1102.5; and (4) wrongful termination in violation of public policy. Plaintiff alleges that due to the Defendant's policies he was not given time to use the restroom, take breaks, or take lunch, and he was instructed not to wear seatbelts to maximize his de...

Excerpt: ...stiana Trust, trustee for Broughan Fund I Trust; Servis Once Inc. dba BSI Financial Services; and Zieve, Brodnax & Steel, LLP (collectively, “Defendants”). Plaintiff filed the Second Amended Complaint (“SAC”) on January 17, 2019 alleging the following eighteen causes of action: (1) wrongful foreclosure; (2) accounting; (3) constructive fraud; (4) breach of written contract; (5) breach of oral contract; (6) breach of fiduciary duty; (7) br...

Excerpt: ...e relief on whether Dawn Mills is a current shareholder and/or director of BMFS. ANALYSIS The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.” (CCP § 2031.310(b)(1).) If the moving party has shown good cause for the RFPs, the burden is on the objecting party to justify the objections. (K...

Excerpt: ...tiff”) alleges that he was severely injured at a Walgreens store. Plaintiff asserts causes of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. ANALYSIS Although continuances of trial are disfavored, each request for a continuance must be considered on its own merits. (Cal....

Excerpt: ...f fiduciary duty; (2) breach of Cal. Civ. Code §2860(d); (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) aiding and abetting intentional misrepresentation; (7) aiding and abetting fraudulent concealment; (8) civil conspiracy to commit intentional misrepresentations; and (9) constructive fraud- breach of Cal. Civ. Cdoe §1573. Plaintiff alleges it insured AKH, a chain of tire stores in Californi...

Excerpt: ... and debit card transaction systems at its stations. Plaintiff 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. 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 In...

Excerpt: ... 2005 Residential Trust 3-2 for alleged violations of the California Rosenthal Fair Debt Collections Act (“RFDCPA”). Plaintiff alleged five causes of action in the Complaint, filed on April 25, 2018. Plaintiff now alleges six causes of action in the First Amended Complaint (“FAC”): (1) violations of the RFDCPA; (2) violations of Cal. Civ. Code §2924.17 and §2924(a)(6); (3) unfair business practices; (4) cancellation of instruments; (5) ...

Excerpt: ...d Madison Residential Inc. allege that Defendants Commercial Industrial Building Owners Alliance, Inc; Everest Indemnity Insurance Company; Aspen Specialty Insurance Company; First Specialty Insurance Corporation: Ironshore Specialty Insurance Company; and Liberty Surplus Insurance Corporation improperly denied Plaintiff's claim for insurance coverage for damages it alleges it suffered as a result of the fire. In BC671094, Plaintiffs Madison MRH-...

Excerpt: ...018, and was misclassified as an independent contractor. Plaintiff alleges violations of the California Labor Code for unlawful failure to pay for nonproductive time and rest breaks, failure to provide uninterrupted off-duty meal periods, and failure to provide uninterrupted off duty rest periods. ANALYSIS “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Frei...

Excerpt: ... arising out of a home renovation contract of a single family residence belonging to Plaintiff. Plaintiff alleges five causes of action including (1) breach of contract; (2) negligent supervision; (3) negligence; (4) breach of express/implied warranty and (5) fraud. ANALYSIS Defendants K@J Construction & Design, Inc., Jack Yaakov Tibi and Jacob Fried (collectively “Defendants”) demur on the grounds that the Complaint fails to state facts suff...

Excerpt: ...t card transaction systems at its stations. Plaintiff 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. 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 N...

Excerpt: ...17 against Defendants Adan Ordonez Trucking, A&D Trucking, Adan Ordonez, Ubaldo Gurrola Figueroa, and Pacifica Trucking LLC (collectively, “Defendants”). Plaintiff alleges the following causes of action: motor vehicle negligence, negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, negligent training and negligence per se. Plaintiff alleges that on or about August 10, 2015 Defendant were ...

Excerpt: ...ary 28, 2012. Plaintiffs allege that various defects and nonconformities manifested in the subject vehicle, and that Plaintiffs contacted Defendant to request that their vehicle be repurchased or replaced, but were informed that the vehicle did not qualify for repurchase or replacement under the Song-Beverly Act. Plaintiffs assert a cause of action for violation of the Song-Beverly Act. ANALYSIS Except as otherwise expressly provided by statute, ...

Excerpt: ...ntiff alleges eleven causes of action including (1) breach of fiduciary duty; (2) fraud- intentional omissions; (3) fraud- negligent omissions; (4) conversion; (5) breach of contract/joint venture agreement; (6) breach of warranty of good faith and fair dealing; (7) tortious interference with economic advantage; (8) negligence; (9) unjust enrichment; (10) accounting; and (11) declaratory relief. ANALYSIS A demurrer challenges only the legal suffi...

Excerpt: ...&T Mobility Wireless Operations Holdings Inc.; All Access Equipment Rentals, Inc.; Vinculums Services, LLC; New Cingular Wireless PCs LLC; JLG Equipment Services, Inc; and American Tower Delaware Corporation (collectively, “Defendants”.) Plaintiffs claims arise out of Marcos Figueroa's and decedent Juan Figueroa's use of a boom lift on January 30, 2018. Plaintiffs allege they used the boom lift to trim a tree, the boom lift made contact with ...

Excerpt: ...action including: (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 Security Pacific Associates, Inc. and (8) accounting of Madu Inc. ANALYSIS <0051000300440051005c00 00550003004c00510059>oluntary dissolution, or in any proceeding for voluntary dissolution initiated by the vote of shareholders representing only 50 percent of...

Excerpt: ...and former supervisors Larry Pope, Richard Hawkes, Scott Isaacs, Michael Baca, and Richard Lopez (collectively, “Defendants”). Plaintiff alleges five causes of action in the First Amended Complaint including (1) violation of Labor Code §1102.5; (2) violation of the Whistleblower Protection Act; (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; (5) defamation; and (6) demand for a jury t...

Excerpt: ...irst Amended Complaint (“FAC”) on January 2, 2019 alleging six causes of action including: (1) discrimination in violation of FEHA; (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (5) wrongful constructive termination in violation of FEHA; and (6) declaratory judgment. ANALYSIS <004a0044004f0003005600 0046005c000300520049> the c...

Excerpt: ...ges she has a health plan through Health Net, and that Health Net delegated to CFC, who in turn delegated to Conifer, the duty to authorize treatment or approve referrals to specialists. Plaintiff alleges that, despite clear evidence that Plaintiff needed surgery, Defendants repeatedly denied her requests to obtain the consultations or tests she needed, and required her to report to facilities and hospitals which Defendants knew could not properl...

Excerpt: ...ed motorist arbitration matters pursuant to Cal. Ins. Code §11580.2(f). Petitioner alleges they issued a policy of automobile insurance to Respondent and the policy included uninsured/underinsured motorist coverage. (Petition ¶2). Respondent made a claim for uninsured/underinsured motorist arbitration arising out of a motor vehicle accident alleged on December 5, 2010, pursuant to the terms of the automobile insurance policy. ANALYSIS If a subp...

Excerpt: ...f an underlying case Shahideh Khodadi v. Poopak Khosrowshahi et. al., LASC No. BC671233. On January 18, 2019, the Court denied Defendant's special motion to strike pursuant to CCP §425.16. ANALYSIS Pursuant to CCP §1008(a), “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after servi...

Excerpt: ...c. (“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 America. Def...

Excerpt: ...operty 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) negligence; (6) violation of the Rosenthal Fair Debt Collection Pr...

Excerpt: ... thirteen causes of action including: (1) race/color discrimination; (2) race/color harassment; (3) failure to prevent harassment; (4) retaliation; (5) disability discrimination; (6) failure to provide reasonable accommodations; (7) failure to engage in the interactive process; (8) wrongful termination; (9) intentional infliction of emotional distress; (10) whistleblower retaliation; (11) pregnancy discrimination; (12) failure to pay all wages up...

Excerpt: ...�Defendants”). Plaintiff alleges the following causes of action: (1) breach of fiduciary duty; (2) breach of employment contract; (3) breach of implied covenant of good faith and fair dealing; (4) inducing breach of contract; (5) tortious interference with contractual relations; (6) tortious interference with prospective economic advantage; and (7) quantum meruit. ANALYSIS <004a0044004f0003005600 0046005c000300520049[ the complaint, not the tru...

Excerpt: ...o work as a machine operator for Defendants and was wrongfully terminated on August 25, 2016. The causes of action alleged are (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties; (7) private attorney general act; (8) unfair competition; and (9) conversion. ANALYSIS Plaintiff Maria...

Excerpt: ...ODUCTION OF DOCUMENTS, SET ONE NOS. 8, 11, 12, 19, 23, 24, 26, 27, 31, 32, 34, 47, 51, 54, 66, 68, 81-83, 85-95 Defendant's Motion for Relief from Waiver CCP §2031.300 provides, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objecti...

Excerpt: ...d former supervisors Larry Pope, Richard Hawkes, Scott Isaacs, Michael Baca, and Richard Lopez (collectively, “Defendants”). Plaintiff alleges five causes of action in the First Amended Complaint including (1) violation of Labor Code §1102.5; (2) violation of the Whistleblower Protection Act; (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; (5) defamation; and (6) demand for a jury tri...

Excerpt: ...f of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. Plaintiffs filed their First Amended Complaint on January 2, 2019 alleging twenty three causes of action, derivatively and individually on behalf of Trustifi Inc., a Canada Corporation, and Trustifi Corporation, a Nevada Corporation. The causes of action are as follows: (1-2) breach of contract; (3-4) fraud; (5) inte...

Excerpt: ...eeking civil penalties and injunctive relief pursuant to Health & Safety Code §25249.5 et. seq. (also known as “Proposition 65”). ANALYSIS Plaintiff SHEFA LMV, INC. (“Plaintiff”) requests that the Court approve the proposed Stipulated Settlement between the parties pursuant to Proposition 65 and Health & Safety Code § <000c000300530055005200 59004c004700480056001d> If there is a settlement of an action brought by a person in the public ...

Excerpt: ... causes of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. ANALYSIS CCP §2025.230 provides, “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, th...

Excerpt: .... Plaintiff alleges five causes of action including (1) sexual battery; (2) Civ. Cod §§51.7 and 52; (3) Civ. Code §§51.9 and 52; (4) battery; and (5) negligence. Plaintiff alleges that during her driving test at the DMV in San Pedro, the Defendant Manny Roe sexually battered Plaintiff, physical threated her and verbally harassed her. ANALYSIS On receipt of a response to interrogatories, the propounding party may move for an order compelling a...

Excerpt: ... causes of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. ANALYSIS CCP §2025.230 provides, “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, th...

Excerpt: ...hilip Cogen M.D. (“Cogen”), the County of Los Angeles (“the County”), the Los Angeles Sheriff's Department (“Sheriff”), Leroy Baca (“Baca”), and Pfizer, Inc. (“Pfizer”). Plaintiff alleges that in or around September 2013 he was prescribed by Cogen a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges on or around January 2, 2014, he suffer...

Excerpt: ... Company (U.S.) Inc.; Alterra America Insurance Company; Endurance American Insurance Company; Freedom Specialty Insurance Company; RSUI Indemnity Company; and Starr Indemnity & Liability Company for the following causes of action: (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 filed a Cross Complaint ...

Excerpt: ...Plaintiffs”) filed the original complaint against Defendants AT&T Corporation; AT&T Mobility Wireless Operations Holdings Inc.; All Access Equipment Rentals, Inc.; Vinculums Services, LLC; New Cingular Wireless PCs LLC; JLG Equipment Services, Inc; and American Tower Delaware Corporation (collectively, “Defendants”.) Plaintiffs claims arise out of Marcos Figueroa's and decedent Juan Figueroa's use of a boom lift on January 30, 2018. Plainti...

Excerpt: ...st (collectively, “Defendants”). In the First Amended Complaint Plaintiff alleges four causes of action including: (1) negligence, (2) dependent adult abuse; (3) intentional infliction of emotional distress; and (4) fraud-intentional concealment. Plaintiff alleges that while at Defendants' premises on a 5150 hold from December 8, 2016 to December 15, 2016, Plaintiff was sexually assaulted twice. (FAC ¶9.) ANALYSIS A demurrer challenges only ...

Excerpt: ...omplaint was filed alleging twelve causes of action for violations of the Labor Code, conversion, unfair competition, and disability discrimination. ANALYSIS “(b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, fo...

Excerpt: ... Defendants Morad Ben Neman, Sky High Investments Company, Simon Neman and Neman Real Estate Investments, LLC (collectively, “Defendants”) related to a property located on East Pico Boulevard in Los Angeles. Plaintiffs allege seventeen causes of action arising out of the warranty of habitability, negligence, and various statutory violations in the third amended complaint (“TAC” filed 7/5/18). On October 10, 2018, the Court sustained Defen...

Excerpt: ...ng as a “certified battery service patrol man,” he was exposed to toxic chemicals and developed various ailments, including Pulmonary Fibrosis. (FAC ¶¶ 12– 13.) Plaintiff Howard asserts causes of action for (1) negligence, (2) strict liability – failure to warn, and (3) strict liability – design defect. Plaintiff Manuela asserts a cause of action for (6) loss of consortium. ANALYSIS Any party, within the time allowed to respond to a p...

Excerpt: ...due to injuries sustained in a vehicular accident. Plaintiff alleges that during various time periods between October 6, 2015 and April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“SCSC”); Baldwin Park Congregate Home, Inc. (“BPCH”); and AHMC Greater El Monte Hospital, L.P. (“AHMC”) undertook the care and treatment ...

Excerpt: ...Green and Dorothy Green (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Plaintiffs Request for Judicial Notice. (Cal. Evid. Code §§451-453.) ANALYSIS 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. (Picton v. Anderson Uni...

Excerpt: ...gen”), the County of Los Angeles (“the County”), the Los Angeles Sheriff's Department (“Sheriff”), Leroy Baca (“Baca”), and Pfizer, Inc. (“Pfizer”). Plaintiff alleges that in or around September 2013 he was prescribed by Cogen a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges on or around January 2, 2014, he suffered a severe psychotic b...

Excerpt: ...es two causes of action against Defendant Los Angeles County Department of Health Services (“Defendant”) including (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 Culver City. The First Amended Complaint was filed on October 15, 2018. ANALYSIS Any party, within the time allowed to respond to a pleadin...

Excerpt: ...plan, Melanie Kaplan, and Don Kaplan (collectively, “Defendants”) arising out of a limited partnership known as WC2. The following causes of action are alleged: (1) breach of contract; (2) unjust enrichment; (3) breach of fiduciary duty; (4) fraud; (5) conversion; (6) dissolution of business ventures; and (7) accounting. ANALYSIS An attorney seeking to represent an adversary of the attorney's former client must obtain “informed written cons...

Excerpt: ...aims arise out of a purchase agreement for a home located at 1661 S. Bedford St. Los Angeles. The causes of action are: (1) breach of contract against the Pouravrahims; (2) fraud against all Defendants; (3) cancellation of a forged deed; and (4) declaratory relief against the Pouravrahims. ANALYSIS “‘Vexatious litigant' means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, ...

Excerpt: ...on: 1. Elder Abuse/Neglect 2. Elder Abuse/Financial 3. Negligence 4. Violation of Residents' Rights 5. Wrongful Death Defendants now move the court to compel arbitration. DISCUSSION Legal Standard CCP section 1281.2 permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. CCP section 1281.2 permits a party to file a motion to request that the Court order the parties to arbitrate a controversy. Und...

Excerpt: ... basis of his age, race, national origin, ancestry, and protected activity. On September 25, 2018, Plaintiff Eliseo Espinosa Zazueta (“Plaintiff”) filed a complaint against Defendants Avibank MFG., Inc.; Precision Castparts Corp.; Vartan Isagolian; and Does 2 through 20 for (1) discrimination in violation of Gov't Code §§ 12940 et seq.; (2) harassment in violation of Gov't Code §§ 12940 et seq.; (3) retaliation in violation of Gov't Code ...

Excerpt: ...Remi M. (“Plaintiff”) brings suit against Defendants White Memorial Medical Center (“WMMC”), a hospital, and Adventist Health, the hospital's owner and operator. Plaintiff alleges that, while detained at the hospital for one week in December 2016, she was sexually assaulted twice by patients in the hospital's mental health unit. Plaintiff alleges that Defendants failed to protect her and, despite being made aware of the sexual assaults, d...

Excerpt: ...good faith and fair dealing; and (3) negligence. On August 30, 2018, default was entered as against Defendant Roy Yerushalmi aka Roi Yerushalmi, an individual and d/b/a SoCal Contractor and d/b/a/ So Cal Contractor. On January 22, 2018, Defendant filed the instant motion to vacate the entry of default. DISCUSSION “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, ...

Excerpt: ... composer, against Defendants The Pullman Group, LLC; Wertheim, LLC; David Pullman; and Broadcast Music, Inc. (collectively “Defendants”) for (2) 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 was awarded ownership of Plaintiff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Def...

Excerpt: ...nd Does 1-25 for (1) fraud; (2) conversion; (3) intentional infliction of emotional distress; (4) elder abuse; (5) alienation of affection; (6) kidnapping; and (7) interference of family contact. <0048005a00030044005100 0003000b00460052004f[lectively “Defendants”) filed the instant demurrer to complaint and motion to strike. No opposition has been filed. DISCUSSION Demurrer A demurrer challenges only the legal sufficiency of the complaint, no...

Excerpt: ...ff alleges she has a health plan through Health Net, and that Health Net delegated to CFC, who in turn delegated to Conifer, the duty to authorize treatment or approve referrals to specialists. Plaintiff alleges that, despite clear evidence that Plaintiff needed surgery, Defendants repeatedly denied her requests to obtain the consultations or tests she needed, and required her to report to facilities and hospitals which Defendants knew could not ...

Excerpt: ...legal malpractice, (2) breach of fiduciary duty, (3) breach of contract, and (4) misrepresentation against Defendant Carrie Foglesong (“Defendant”) for her alleged legal malpractice committed in her representation of Plaintiff in the criminal matter of People v. Tarkington. Defendant answered the FAC on December 18, 2018. DISCUSSION “Any party may obtain discovery… by taking in California the oral deposition of any person, including any p...

Excerpt: ...L LUPERICO 5) MOTION TO STRIKE BY DEFENDANTS ROBERT GUERRERO AND JORGE CEJA BACKGROUND This action arises out a high-voltage-electrocution accident that occurred on January 30, 2018. Brothers Juan Figueroa and Marcos Figueroa, while using a boom lift to trim an overgrown tree, contacted a high-voltage line. Juan caught fire and died from his injuries. Marcos, after attempting to put out the fire, jumped twenty feet to a rooftop below. He sustaine...

Excerpt: ...endant” or “the City”.) Plaintiffs allege three causes of action including: (1) declaration relief including injunctive relief in support of declaratory relief; (2) violation of California Civil Code §52.1; and (3) preliminary and permanent injunctive relief CC §52.1. A notice of Related Case was filed by Plaintiff on 2/7/19 for this case to be deemed related to BC552019, BC558633, BC606861, BC607613, and BC610250. REQUEST FOR JUDICIAL NO...

Excerpt: ...ervice 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; (...

Excerpt: ... On November 8, 2018 Plaintiffs allege the following five causes of action in their First Amended Complaint (“FAC”): (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 the Song Beverly Act section 1793.2; (4) fraudulent inducement- concealment; and (5) fraudulent inducement- intentional misrepresentation. ANALYSIS A demurrer challenges only the...

Excerpt: ...nda of America Manufacturing, Inc.; Honda R&D Co., Ltd; Honda R&D Americas, Inc.; Honda Research Institute Japan Co., Ltd; Honda Research Institute USA, Inc.; Honda Engineering North America, Inc.; Honda Engineering Co. Ltd; Yokohama Tire Corporation of America; Yokohama Corporation of North America; Yokohama Rubber Company; and Does 1-100. Plaintiffs subsequently Doed in Yokohama Corporation of America, The Yokohama Rubber Co., Ltd., Diamond Hon...

Excerpt: ...sued as Manny Roe). Plaintiff alleges five causes of action including (1) sexual battery; (2) Civ. Cod §§51.7 and 52; (3) Civ. Code §§51.9 and 52; (4) battery; and (5) negligence. Plaintiff alleges that during her driving test at the DMV in San Pedro, the Defendant Manny Roe sexually battered Plaintiff, physical threated her and verbally harassed her. ANALYSIS The moving party on a motion to compel further responses to requests for production...

Excerpt: ...�Plaintiffs”) are the owners of a single family residence located at 8931 St. Ives Drive, Los Angeles, CA (“the Property”). Plaintiffs filed their Second Amended Complaint on or about March 12, 2018 stating causes of action for (1) strict liability; (2-3) negligence; (4) breach of the implied warranty of fitness; (5) fraud; (6) negligence misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair de...

Excerpt: ...tum”) and All-Ways Forwarding Int'l Inc. (“All Ways”), on March 16, 2018. Plaintiff alleges the following causes of action: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) wrongful termination in violation of public policy; (7) declaratory judgment; (8) failure to pay wages; (9) failure...