Excerpt: ...ive First Amended Complaint (“FAC”) against Mitchell Baker, Robeks Corporation, and Robeks Franchsie Corp. The FAC alleges nine causes of action for (1) defamation, (2) libel, (3) conversion, (4-5) intentional/negligent interference with prospective economic advantage, (6) intentional interference with contractual relations, (7-8) invasion of privacy, and (9) unfair competition. The first through third and seventh through eighth causes of act...

Excerpt: ...ance against Polymer80, Inc., David Borges, and Loran Kelley (collectively “Defendants”). The complaint arises from Defendants' production and sale of “ghost gun” kits. Plaintiff alleges that Defendants' conduct violates the Federal Gun Control Act (“GCA”) and Child Safety Lock Act (“CSLA”), as well as the California Unsafe Handgun Act (“CUHA”) and Assembly of Firearms Law (“AFL”). (Compl. ¶¶ 39-61.) These violations for...

Excerpt: ...blic policy. On August 6, 2021, this Court granted Plaintiff's Motion to Compel responses to the following discovery requests: (1) Form Interrogatories, General Set One; (2) Form Interrogatories, Employment Set One; (3) Special Interrogatories, Set One; and (4) Requests for Production, Set One. Plaintiff received supplemental responses on August 27, past the deadline imposed by the Court. Plaintiff currently takes issue with Defendant's supplemen...

Excerpt: ... gender discrimination, (2) race discrimination, (3) failure to prevent, (4) hostile work environment, and (5) intentional interference with prospective economic advantage. At issue presently is Plaintiff's motion to compel Defendant General Motors, LLC (“GM”) to produce eight individuals for deposition. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a ...

Excerpt: ...failure to engage; (5) failure to accommodate; (6) FEHA retaliation; (7) CFRA interference and retaliation; (8) wrongful discharge in violation of public policy; (9) failure to pay wages; (10) failure to provide breaks; and (11) unfair business practices. Plaintiff was hired by Defendant Telecare in 2005 as a social worker or counseling therapist. (FAC ¶ 12.) Plaintiff alleges that she was denied overtime pay even though she was required to work...

Excerpt: ... suppliers, alleging causes of action for fraud, business code violations, breach of fiduciary duty, accounting, breach of contract, extortion, and defamation. At issue presently is a motion to compel deposition filed by Band Pro Film and Digital, Amnon Band, and Direct Video Warehouse, Inc. (collectively “Band Pro Defendants”). Defendants seek to depose Adrianna Ruiz, an employee of Plaintiff EFD who purportedly has information on the transa...

Excerpt: ...iff alleges that he was a non-exempt employee entitled to overtime and breaks and that he was terminated in retaliation for reporting Defendant's violation of wage laws and other violations regarding Defendant's construction work. Plaintiff was hired by Defendant in April 2019 as a Senior Construction Manager. (UMF No. 2.) Plaintiff was an at-will employee with a salary of $150,000 per year. (UMF Nos. 4-5.) Plaintiff was responsible for monitorin...

Excerpt: ...��). The complaint is handwritten and not fully legible. However, it appears Plaintiff is alleging misconduct by the police department during an investigation into identify theft reported by Plaintiff. Plaintiff alleges that the police department invaded his privacy by hacking into his electronic devices, lied to him, and subjected him to a “brainwave investigation.” Plaintiff further alleges that he suffered a broken hand, was forced to drin...

Excerpt: ...22, 2020 by Plaintiff Chamroun Pisey Lor (“Plaintiff”), alleging causes of action for partition, waste, and accounting. On May 27, 2021, Defendant and Cross-Complainant Chi Vouy Chao (“Defendant”) filed his First Amended Cross- Complaint (“FACC”) against Plaintiff and Cross-Defendant Lor, alleging causes of action for quiet title, recission of deed, breach of fiduciary duty, and conversion. Chao and Lor were married from 2003 to 2015....

Excerpt: ...set aside trustee sale, (3) void trustee's deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious. In September 2007, Freeman and Boyd entered into a written settlement agreem...

Excerpt: ...mplaint alleges that Plaintiff developed pressure ulcers 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. At issue presently are three motions to compel further responses to discovery requests propounded by Plaintiff to Defendant Kelly & Garret Enterprises, Inc. (“Defendant�...

Excerpt: ...n”), and Mercedes Gutierrez (“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. On February 11, 2021, Plaintiff served a set of Requests for Production (“RFP”) to Defendant LACCD. (Flores Decl., Ex. A.) After receiving objections in response (id., Ex. B), Plaintiff filed the inst...

Excerpt: ...LC (“Defendant”) alleging five causes of action stemming from Defendant's alleged failure to address uninhabitable conditions in its residential building and rental unit. On May 25, 2021, Plaintiffs served 347 requests for admission (“RFA”), against which Defendant moved for a protective order. Plaintiffs withdrew the RFAs at the hearing on the protective order on August 6, thereby mooting the motion. However, on August 18, Plaintiffs ser...

Excerpt: ...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 breache...

Excerpt: ...nies, alleging (1) breach of employment contract, (2) wrongful discharge, (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. Plaintiff and Defendant Herning co-founded the company 11 Honore. Plaintiff alleges that she was terminated for reporting Defendant Herning's inappropriate relationship and...

Excerpt: ... this Court granted Defendant's motion to compel arbitration. On June 17, 2021, Plaintiff made a demand for arbitration with the American Arbitration Association (“AAA”). A dispute then arose regarding the amount of filing fee that Plaintiff was to pay. After exchanging correspondence with both parties, AAA issued a letter on July 20 demanding payment of the full $2,200 filing fee from Defendant. The letter gave Defendant until September 3 to...

Excerpt: ...g the following causes of action: (1) fraud; (2) negligent misrepresentation; (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 ...

Excerpt: ...(2) trade libel, (3) breach of contract, and (4) breach of the covenant of good faith and fair dealing. 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 Defendant from liability if De...

Excerpt: ...m Plaintiff's termination after taking medical leave. On August 8, 2021, Plaintiff served a set of Requests for Admission (“RFA”) and accompanying Form Interrogatories (“FROG”). The RFAs contain 130 requests, and FROG No. 17.1 contains 4 subparts for each response to the RFAs that is not an unqualified admission. Defendant presently moves for a protective order on the grounds that the number of RFAs exceeds the statutory limit without jus...

Excerpt: ...gainst Swan Bay Solutions, Inc. (“Swan Bay”) and Jason Turchin (“Turchin”) (collectively “Defendants”), alleging fraud and breach of contract. Plaintiffs allege that Defendants agreed to provide ownership interest in the company Swan Bay along with a disbursement of profits in exchange for Plaintiffs' investment money but that Defendants never followed through. Defendants presently demur to both causes of action. LEGAL STANDARD A demu...

Excerpt: ...juries Plaintiff sustained at her home while in Defendant's care. Defendant presently demurs to the first cause of action for elder abuse. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1...

Excerpt: ...stemming from Plaintiff's alleged sexual assault by two students attending Defendant Los Angeles Unified School District (“LAUSD”). Plaintiff's claims against LAUSD center around the adequacy of LAUSD's investigation into the alleged assault. LAUSD had determined that Plaintiff's claims were unsubstantiated and took no further action. At issue in this motion to compel further responses are two Requests for Production (“RFP”) propounded by...

Excerpt: ... Ventures VI, L.P., Redpoint Associates VI, LLC, Redpoint Ventures VI, LLC (collectively “Redpoint”), and Greycroft Partners IV, LP. The SAC alleges (1) breach of employment contract, (2) wrongful discharge, (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. Plaintiff and Defendant Herning co...

Excerpt: ...ely “Defendants”) alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. Defendants filed an answer on January 8, 2021. On January 19, 2021, Plaintiffs improperly filed a First Amended Complaint (“FAC”) without stipulation or leave of court. That pleading is ineffective, and the operative compl...

Excerpt: ...nts 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 breached the loan agreement and owed AMAG approximately $4.9 million. AMAG subsequently filed suit against Vlaze for breach of t...

Excerpt: ...�) alleged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. The complaint has since been amended to add Gordon Choi (“Cho...

Excerpt: ...ndustrial Properties, LLC (“Landlord”) filed a complaint against Defendant and Cross-Complainant Bart & Judy's Bakery, Inc. and Bart Greenhut (collectively “Bart”). The complaint alleges the following causes of action: (1) breach of lease; (2) common counts; (3) breach of written guaranty; and (4) ejectment. On August 12, 2021, Bart filed a cross-complaint (“CC”) against Landlord for negligence and unfair business practices arising fr...

Excerpt: ...roperty. Colise has cross-complained against Kenneth Kuhnhofer and Kuhnhofer Builders, Inc. for false representations made regarding construction of the subject property. Kuhnhofer and Kuhnhofer Builders have also cross-complained against Colise and Minh Mach for failure to pay Kuhnhofer for services performed in building the property. Cross-Defendants Colise2 and Minh Mach (collectively “Cross-Defendants”) presently demur to the first, secon...

Excerpt: ...LLC (“Defendant”). The Vehicle was purchased new in December 2010 and came with a three-year warranty. (UMF No. 1.) The original owner brought the Vehicle in for repair once in September 2013, where the Vehicle's throttle body was replaced. (Ibid.) In October 2013, Plaintiff Anabell Ruiz Nunez (“Plaintiff”) purchased the Vehicle used. At the time, Plaintiff received the balance of the following warranties: (1) three-year/36,000-mile basic...

Excerpt: ...Plan, Inc., Kaiser Permanente Medical Group, Kaiser Foundation Hospitals, and Does 1-100. The complaint alleges 12 causes of action for violations of FEHA, CFRA, Labor Code section 1102.5, breach of contract, negligent hiring, wrongful termination in violation of public policy, and intentional infliction of emotional distress. Plaintiff alleges that she was harassed and discriminated against due to her age, medical condition, disability, and taki...

Excerpt: ...“ROCOR”) (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) �...

Excerpt: ...efendant presently demurs to both causes of action and moves to strike portions of the complaint. Plaintiff has not filed an opposition. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 121...

Excerpt: ..., 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 (FAC ¶ 11.) Plaintiff alleges that he worked for IPT as ...

Excerpt: ...thern California Permanente Medical Group (“SCPMG”), and Andrea Allen (“Allen”) (collectively “Defendants”). The complaint alleges the following causes of action: (1) racial discrimination; (2) harassment based on race; (3) failure to prevent; (4) retaliation; and (5) CFRA discrimination and retaliation. Plaintiff was hired by SCPMG in November 2003 as a medical assistant (“MA”) at SCPMG's Montebello office. (UMF No. 1.) Allen was...

Excerpt: ... for retaliation, wrongful termination, declaratory relief, and failure to reimburse business expenses. On August 26, 2021, Defendant filed the instant motions to compel further responses to the following discovery requests: (1) Special Interrogatories Nos. 7, 10, 11, and 19; and (2) Request for Production No. 16. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response ...

Excerpt: ...ntiff's claims arise from his purchase of a 2019 GMC Sierra 1500 (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspect...

Excerpt: ... wired $600,000 to Plaintiff with the expectation that Plaintiff would repay the loan in monthly installments. (Miyake Decl. ISO Def.'s Mot. to Compel Arb. (“Miyake Decl.”) ¶¶ 5-9, Ex. A.) When Plaintiff defaulted on the loan, Defendant initiated a JAMS arbitration proceeding for breach of contract, relying on an arbitration provision contained in the writing. (Ellena Decl. ISO Def.'s Mot. to Compel Arb. (“Ellena Decl.”) ¶¶ 2-6, Ex. B...

Excerpt: ...pay back rent to Plaintiff and vacate Plaintiff's premises by a certain date. Plaintiff had previously prevailed in an unlawful detainer action by summary judgment. Defendant argues that Plaintiff is seeking damages in this breach of contract action that it could have obtained in the underlying unlawful detainer action. (Motion 3:4-5.) Defendant argues that Plaintiff is improperly splitting a cause of action. (Motion 5:5-7.) The Court grants Defe...

Excerpt: ...��), alleging discrimination and failure to prevent discrimination. Plaintiff's complaint arises from Defendant's failure to promote Plaintiff, an African-American peace officer. On June 14, 2021, this Court ordered Defendant to produce further responses to Plaintiff's Request for Production No. 40 and Special Interrogatories Nos. 5, 21, 30, and 31. Plaintiff has filed the instant motions to compel further responses based on his belief that Defen...

Excerpt: ...r violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2018 Range Rover Velar (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, ...

Excerpt: ...ty. The complaint arises from Defendant's alleged stealing of Plaintiff's business furniture, cosmetic samples, and business records while working for Plaintiff as a business manager. On April 13, 2021, this Court ordered Defendant to produce further responses to Plaintiff's Requests for Production, Set One (“RFP”). Plaintiff now moves for monetary, issue, and terminating sanctions based on Defendant's supplemental responses to the RFPs, whic...

Excerpt: ..., alleging 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 po...

Excerpt: ...”), alleging causes of action for legal malpractice against the Hollins Defendants and negligence against Levin. Plaintiff is an attorney who was sued by a former client in an underlying case (the “Dominguez Action”). Plaintiff was held liable for, among other things, failure to notify his former client Dominguez of receipt of settlement funds, failure to render accounts for client funds, failure to maintain client funds in trust, and breac...

Excerpt: ...ant”), stating 11 causes of action stemming from Defendant's alleged failure to abate a bed bug infestation. Plaintiffs entered into a rental agreement to live at Defendant's property around February 2009. (Compl. ¶ 28.) Plaintiffs allege that around March 2020, they began noticing bed bugs in their unit and immediately notified management, specifically someone named Natalie. (Id., ¶ 29.) Plaintiffs allege that despite their persistent compla...

Excerpt: ...4) failure to engage; (5) failure to accommodate; (6) FEHA retaliation; (7) CFRA interference and retaliation; (8) wrongful discharge in violation of public policy; (9) failure to pay wages; (10) failure to provide breaks; and (11) unfair business practices. Plaintiff was hired by Defendant Telecare in 2005 as a social worker or counseling therapist. (FAC ¶ 12.) Plaintiff alleges that she was denied overtime pay even though she was required to w...

Excerpt: ... Chao (“Chao”) filed his First Amended Cross-Complaint (“FACC”) against Plaintiff and Cross-Defendant Chamroun Pisey Lor (“Lor”), alleging causes of action for (1) quiet title, (2) recission of deed, (3) breach of fiduciary duty, and (4) conversion. Chao and Lor were married from 2003 to 2015. (FACC ¶ 7.) The property that is the subject of this action is a home located in Carson, California, which Chao solely owned as a result of di...

Excerpt: ... and disability leave, as well as Plaintiff's complaints about violations of the Labor Code. Defendant South East Personnel Leasing, Inc. (“Defendant”) now moves to strike portions of the complaint relating to Plaintiff's punitive damages claim. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of that pleading. (Code Civ. Proc., § 435, subd. (b)....

Excerpt: ...g causes of action: (1) sexual harassment; (2) sex and sexual orientation discrimination; (3) retaliation; (4) failure to prevent; and (5) whistleblower retaliation. Plaintiff began working for Defendant in September 2017. (UMF No. 1.) Between March and April 2018, Plaintiff's coworker (“Montano”) made a series of inappropriate comments and gestures towards Plaintiff. (UMF Nos. 44-45.) The comments include calling Plaintiff, who is lesbian, a...

Excerpt: ...e with Solaris Trading Corporation (“Solaris”) as tenant for a unit to be used an automotive tire warehouse located at 8435 Canoga Avenue, Unit A, Canoga Park, California 91304 (the “Property”). Stefan Bostanian (“Bostanian”) is Solaris' CEO and the guarantor under the lease. Essentially, Plaintiff alleges that Solaris failed to pay the rent and certain charges and fees. Plaintiff commenced this action against Solaris and Bostanian (c...

Excerpt: ...esa International Corp (“Inesa”); Feilo International Trade Co., Ltd. (“Feilo”); and Kenneth Bruce Shaevel (“Shaevel”) on September 18, 2018. The operative pleading is the Fourth Amended Complaint (“FAC”) which was filed on March 16, 2021. The FAC contains causes of action for (1) breach of written contract and (2) retaliation in violation of Labor Code section 1102.5. KBLED, All-In, and Shaevel obtained summary adjudication on ea...