Excerpt: ...nd on behalf of the Estate, and Marcos Figueroa (“Marcos”) (collectively, “Plaintiffs”) against Defendants AT&T Corporation (“AT&T”); AT&T Mobility Wireless Operations Holdings Inc. (“AT&T Wireless”); All Access Equipment Rentals, Inc. (“All Access”); RBR Properties, Inc. (“RBR”); Vinculums Services, LLC (“Vinculums”); New Cingular Wireless PCS LLC (“Cingular”); JLG Industries, Inc (“JLG”); Joel Lupercio (“Lu...

Excerpt: ...P (“Rechnitz Citrus”); Citrus Wellness Center, LLC (“Citrus”); and Driftwood Healthcare & Wellness Center, LLC (“Driftwood”) (collectively, “Defendants”) on September 18, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on October 15, 2019. The FAC asserts causes of action for (1) elder abuse and (2) negligent hiring and supervision. The FAC alleges in pertinent part as follows. Shirley, at the age of ...

Excerpt: ...File to Establish Jurisdiction over Uninsured/Underinsured Motorist Arbitration Matters pursuant to Insurance Code Section 11580.2(f) (“Petition”) against Respondent Jehan Zeb Mir (“Respondent”). In the Petition, Petitioner alleges that it issued an automobile insurance policy to Respondent which included uninsured/underinsured motorist coverage. Petitioner alleges that Respondent made a claim for uninsured/underinsured motorist arbitrati...

Excerpt: ...rnational Corp (“Inesa”); Feilo International Trade Co., Ltd. (“Feilo”); and Kenneth Bruce Shaevel (“Shaevel”) (collectively, “Defendants”) on September 18, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on March 8, 2019. The FAC asserts causes of action for (1) wrongful termination in violation of public policy, (2) breach of contract, (3) retaliation, and (4) violation of the UCL. The FAC alleges i...

Excerpt: ...a Lopez (“Ana”) individually and on behalf of the Estate, and Marcos Figueroa (“Marcos”) (collectively, “Plaintiffs”) against Defendants AT&T Corporation (“AT&T”); AT&T Mobility Wireless Operations Holdings Inc. (“AT&T Mobility”); All Access Equipment Rentals, Inc. (“All Access”); RBR Properties, Inc. (“RBR”); Vinculums Services, LLC (“Vinculums”); New Cingular Wireless PCS LLC (“Cingular”); JLG Industries, Inc...

Excerpt: ...ch 18, 2019. The Complaint asserts causes of action for (1) unlawful business practices, (2) failure to pay overtime wages, (3) failure to provide rest periods, (4) waiting time penalties, (5) violation of Labor Code section 226, and (6) conversion. Plaintiff alleges that she was employed by Defendants as a ticketing agent between 2016 and 2018. Plaintiff alleges that Defendants violated several labor laws during the course of her employment. LEG...

Excerpt: ...AG Architects, Inc. (“JAG”) on June 1, 2018. The Complaint asserts a single cause of action for professional negligence. The Complaint alleges in pertinent part as follows. Plaintiffs retained JAG to perform architectural services for a project known as the Washington View Apartments (“Project”). JAG was responsible for determining all zoning issues relating to the Project. These responsibilities included the creation of a “density matr...

Excerpt: ...South Figueroa Street Apartments Investors LLC (“Figueroa Apartments”) on March 12, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on May 7, 2019. The FAC asserts causes of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1); (2) breach of warranty of habitability (violation of Health & Safety Code section 17920.3); (3) breach of warranty of habitability (violation of Civil...

Excerpt: ...n for (1) elder abuse and (2) negligent hiring and supervision. Plaintiff alleges that, as a result of Defendants' negligence, she suffered a fall at Corona's skilled nursing facility and fractured her right hip. LEGAL STANDARD CCP section 36 gives certain litigants priority in the disposition of their cases. (Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691, 696.) As relevant here, CCP section 36(d) provides for discretionary gra...

Excerpt: ...Just Inventory Solutions, LLC (“JIS”); and Jerome Goldstein (“Goldstein”) on August 23, 2019.[1] The Complaint asserts causes of action for (1) breach of oral contract, (2) conversion, and (3) unjust enrichment. The Complaint alleges in pertinent part as follows. In March 2018, National Stores, Inc. (“NSI”) purchased approximately one million black blank men's t-shirts. Shortly thereafter, NSI entered into an oral contract with Aprint...

Excerpt: ...Complaint asserts causes of action for (1) violation of the Unruh Civil Rights Act, (2) wrongful eviction, (3) offering withdrawn rental units for rent within two years of withdrawal under the Ellis Act, (4) fraud, (5) negligent misrepresentation, and (6) financial elder abuse. The Complaint alleges in pertinent part as follows. In 1977, Plaintiff moved into an apartment located at 12337 Gorham Avenue, Los Angeles, California (“Apartment”). T...

Excerpt: ...anuary 24, 2018, Plaintiff filed a notice of settlement of the entire case. On March 9, 2018, the Court granted Plaintiff's oral motion to dismiss the case without prejudice and agreed to retain jurisdiction to enforce the parties' settlement pursuant to CCP section 664.6. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of...

Excerpt: ... 2019. The Complaint asserts causes of action for (1) breach of warranty of habitability, (2) breach of quiet enjoyment, (3) nuisance, (4) negligence, (5) intentional infliction of emotional distress, (6) violation of Civil Code section 1942.4, (7) retaliatory eviction, and (8) declaratory and injunctive relief. The Complaint alleges in pertinent part as follows. Defendant is the owner and landlord of real property located at 2416 South Palm Grov...

Excerpt: ... on February 23, 2018. The Complaint asserts causes of action for (1) cancellation of instrument, (2) injunctive relief to compel release of invalid mechanic's liens, (3) slander of title, (4) quiet title, (5) fraud, (6) negligent misrepresentation, (7) unfair business practices, (8) intentional interference with a prospective economic advantage, and (9) foreclosure on contractor's bonds. The Complaint alleges in pertinent part as follows. RMS ow...

Excerpt: ...ge Braswell Enterprises, LLC dba Laurel Park Behavioral Health Center (“Laurel Park”) (collectively, “Defendants”). The operative pleading is the Second Amended Complaint (“SAC”) filed on August 9, 2019. The SAC asserts causes of action for (1) actual / perceived disability harassment in violation of FEHA, (2) actual / perceived disability discrimination in violation of FEHA, (3) actual / perceived disability retaliation in violation ...

Excerpt: ...nce, (2) breach of fiduciary duty, and (3) breach of contract. The Complaint alleges in pertinent part as follows. Plaintiff and Bahar Gharib (“Bahar”) were parties in a marital dissolution action in Los Angeles Superior Court. On October 12, 2017, Bahar filed a request for order (“RFO”) to determine past due child support. Plaintiff filed a responsive declaration denying, in general terms, the allegations asserted by Bahar in her RFO. On...

Excerpt: ... Act. Jury trial commenced on August 14, 2019. On August 19, 2019, the jury returned a special verdict in Defendant's favor. Judgment was entered on September 20, 2019. LEGAL STANDARD Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (CCP § 1032(b).) The statutory scheme for cost recovery establishes three categories of trial preparation expenses: ...

Excerpt: ...n (“Plaintiff”) commenced this action against Defendants Admission Masters Consulting Group, Inc. (“AMCG”) and Test (collectively, “Defendants”) on November 21, 2018. The Complaint asserts causes of action for (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of Labor Code section 232.5, (3) wrongful termination in violation of Labor Code section 1102.5(b), (4) breach of contract, (5) failur...

Excerpt: ...�), Tri-Tech Restoration (“Tri-Tech”), and Voge Inc. (“Voge”) on May 22, 2019. The operative pleading is the “Second Amendment to Complaint” (“SAC”) filed on August 1, 2019. The SAC appears to assert causes of action for negligence and fraud arising from home renovation. LEGAL STANDARD A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove tho...

Excerpt: ... December 5, 2018. The Complaint asserts causes of action for (1) breach of joint venture contract – oral; (2) breach of fiduciary duty; (3) conversion; (4) deceit; (5) resulting trust; and (6) accounting. The Complaint alleges in pertinent part as follows. In 2013, the parties entered into an oral joint venture agreement through which they agreed to jointly purchase, develop, and sell for profit certain real property located in Southern Califo...

Excerpt: ...�Bayaslyan”); ER Emergency Restoration dba Paul Davis Emergency Services of Glendale (“Paul Davis”); and the Western Surety Company (“Western”) on March 15, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on June 12, 2019. The FAC asserts causes of action for (1) breach of contract against Bayaslyan, (2) negligence against Bayaslyan, (3) negligence against Paul Davis, (4) nuisance against Bayaslyan and Paul...

Excerpt: ...are Services, LLC (“Premier”), and State of California (“State”) (collectively, “Defendants”) on March 12, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on July 29, 2019. The FAC asserts causes of action for (1) negligence against Premier and (2) gross negligence against the County and State. The FAC alleges in pertinent part as follows. Gonzalez was the husband of Orsy E. Bojorquez (“Bojorquez”); H...

Excerpt: ...ers, LLC (“Greystar”); MCREF DT Los Angeles, LLC (“MCREF”); and LPF Canvas, Inc. (“LPF”) (collectively, “Defendants”) on July 3, 2019. The Complaint asserts causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of the warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) nuisance, (5) violation of the Unfair Competition Law (Bus. & Prof. Code § 17200), and (6) negligence. The ...

Excerpt: ...elopment on Melrose, Inc. (“Gemsag on Melrose”); Spavergnugen, Inc. (“Spavergnugen”); City Life Rehabilitation, Pilates & Fitness SPA (“City Life”);[1] and Buenamed Nursing, Inc. (“Buenamed”) have filed this action against Defendants Sina Akhtarzad (“Sina”); Michael Akhtarzad (“Michael”);[2] William Brennan (“William”); Tracy Brennan (“Tracy”); K360 T.O. Management LLC; K360 Studio City LLC; K360 Melrose Management...

Excerpt: ...s action against Defendant Jannki Mithaiwala (“Jannki”) on May 14, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on August 6, 2019. The FAC asserts causes of action for (1) elder abuse (financial), (2) elder abuse (physical), (3) breach of contract, and (4) accounting. The first two causes of action are asserted by Ajit and the third and fourth causes of action asserted by Plaintiffs. The FAC alleges in pertine...

Excerpt: ...lment, and (3) violation of the Consumer Legal Remedies Act. On April 30, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. The parties requested that the Court retain jurisdiction to enforce the terms of the settlement. LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If...

Excerpt: ...tures, LLC (“NPI”) (collectively, “Defendants”) on November 14, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 3, 2019. The FAC alleges in pertinent part as follows. This action concerns real property located at 4000-4040 Palos Verdes Drive North, Rolling Hills Estates, California 90274 (“Property”). Kokubu, Sudo, Hamamoto, PRH, and JI (“Owners”) are the owners of the Property in fee simple ...

Excerpt: ...s action, Plaintiffs have named Ashland Chemical, Inc.; Rust- Oleum Corp.; Nexeo Solutions, LLC; W.S. Dodge Oil Co., Inc.; and Sunnyside Corp. as Doe Defendants. The Complaint asserts causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. The Complaint alleges in pertinent part as follows Jose a...

Excerpt: ...��Defendants”) on July 15, 2019. The Complaint asserts one cause of action for violation of Health and Safety Code section 1278.5. The Complaint alleges in pertinent part as follows. Plaintiff is a physician and surgeon duly licensed to practice medicine in California since May 2000. Plaintiff is currently an Associate Professor in UCLA's Division of Maternal-Fetal Medicine, a senior member of the Department of Obstetrics and Gynecology (“Dep...

Excerpt: ...his medical malpractice action against Defendant Los Angeles County Department of Health Services (“County”) on June 13, 2018. Plaintiff named Southern California Healthcare System Inc. dba Southern California Hospital at Culver City as Doe 1. The operative pleading is the First Amended Complaint (“FAC”) filed on October 15, <004a0044004c0051005600 00480049004800510047[ants: (1) elder abuse and (2) wrongful death. The Court granted the Co...

Excerpt: ...t asserts causes of action for (1) breach of written contract and (2) quantum meruit. Plaintiff alleges that the parties entered into a Tax Consulting Agreement (“Agreement”) pursuant to which Defendants authorized Plaintiff to identify and obtain tax benefits not claimed with the Internal Revenue Service (“IRS”) and the California Franchise Tax Board on behalf of Defendants. In exchange, Defendants agreed to pay Plaintiff 20%[1] of the t...

Excerpt: ... and (3) fraudulent inducement – concealment. On June 18, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part...

Excerpt: ...on 15610.23 due to injuries sustained in a vehicular accident. Plaintiff alleges that from October 6, 2015 to April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“Kindred”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne Wu, M.D. (“Wu”) negligently undertook ...

Excerpt: ...s. Plaintiff and Defendant entered into a loan agreement (“Loan Agreement”) pursuant to which Plaintiff loaned Defendant $40,000. Under the terms of the Loan Agreement, Plaintiff agreed to provide Defendant with payments of $10,000 on August 16, October 10, November 10, and December 10, 2016. In exchange, Defendant agreed to repay Plaintiff a total of $40,444 by March 10, 2018. Despite Plaintiff's repeated requests, Defendant failed to pay th...

Excerpt: ... Inc. (“Madu”); Security Pacific Associates, Inc. (“SPA”); Elvira Buffoni (“Buffoni”); Nicola Vietina (“Nicola”); and Gianni Vietina (“Gianni”) on July 3, 2019. The Complaint asserts causes of action for (1) breach of employment contract against Madu and SPA (collectively, “Corporate Defendants”), (2) retaliation – whistleblower protection against Corporate Defendants, (3) wrongful discharge in violation of public policy...

Excerpt: ...rt as follows. On October 25, 2018, Petitioner was involved in an automobile collision between a vehicle in which Petitioner was a passenger and a vehicle driven by Andre Nazarians (“Nazarians”). Nazarians' negligence was the cause of the accident, and the accident caused Plaintiff to suffer personal injuries. Petitioner did not file a claim with the County within the mandatory six-month statutory period set forth by the Government Claims Act...

Excerpt: ...otle Grill”), and Frida Cuevas (“Cuevas”) (collectively, “Defendants”) on December 7, 2018. The Complaint asserts causes of action for (1) wrongful termination/adverse employment action in violation of public policy, (2) retaliation for whistleblowing under Labor Code section 1102.5, (3) negligent hiring and retention, (4) intentional infliction of emotional distress, and (5) violation of Business and Professions Code section 17200. The...

Excerpt: ...tive pleading is the First Amended Complaint (“FAC”) filed on July 19, 2019. The FAC asserts causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) breach of contract, (4) breach of the covenant of good faith and fair dealing, (5) negligence, (6) negligence per se, (7) breach of express warranties, (8) breach of implied warranties, (9) unjust enrichment, (10) account stated, (11) violation of Business and...

Excerpt: ...mber 7, 2018. The Complaint asserts causes of action 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. In the Complaint, Plaintiff alleges that he was formerly employed by FECU for over ten years and that Vary was his immediate supervisor. Plai...

Excerpt: ... section 15610.23 due to injuries sustained in a vehicular accident. Plaintiff alleges that from October 6, 2015 to April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“Kindred”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne Wu, M.D. (“Wu”) negligently unde...

Excerpt: ...”) based on an alleged commercial written lease agreement and alleges (1) breach of contract; and (2) damages for breach of contract (California Civil Code §1951.2.) <0003004400030026005500 004f0044004c00510057> (“XC”) for (1) intentional misrepresentation and (2) negligent misrepresentation against Cross Defendant West Valley Owner LLC. ANALYSIS “If, after service of a deposition notice, a party to the action. . . without having served ...

Excerpt: ... Inc., Federal National Mortgage Association; and Cal Western Reconveyance Inc. on July 26, 2018. The Complaint alleges that plaintiff is an owner of the premises located at 450 Filson Ave. Riverside, CA 92507 (“Property”) and Plaintiff borrowed $338,040.00 at an adjustable rate. On or around November 2009 Plaintiff defaulted on the mortgage. On October 29, 2018, the Court sustained Defendants' demurrer with leave to amend. On November 30, 20...

Excerpt: ...ion arising out of a loan agreement in which Plaintiff transferred 9,200,000 RMB or approximately $1,460,317 USD to Defendants. Plaintiff alleges the Defendants were agents, servants, employees, partners, joint venturers or sureties of the other Defendants. (Complaint ¶10.) The causes of action are: (1) recognition and entry of domestic judgment on foreign money judgment; (2) breach of written contract; (3) breach of oral contract; (4) common co...

Excerpt: ...l District; Micah Ali, Satra Zurita; Margie Garrett, Charles Davis, Alma Pleasant, Sandra Moss and Mae Thomas, in their official capacities as members of the Board of Trustees of Compton Unified School District; William Wu, in his official capacity as the chief of police for the Compton Unified School District police department (collectively, “Defendants”). Plaintiff alleged (1) discrimination in violation of the Fair Employment and Housing A...

Excerpt: ...ations under the Song Beverly Consumer Warranty Act arising out of his purchase of a 2012 BMW 750. ANALYSIS “If, after service of a deposition notice, a party to the action. . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it. . . the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) CCP §203...

Excerpt: ...“Regents”) 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) dema...

Excerpt: ...Inc.. Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, alleges that Mahvash, and other Cross-Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the business. In Neyaz Mazani's (“Neyaz”) cross-complaint, Neyaz alleges that Alonzo assaulted and stalked her. The action came on regularly for trial on May 7, 2018. On May 29, 2018, the Court ...

Excerpt: ...(“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. Defendants were brokers who helped Plaintiffs obtain ...

Excerpt: ...nvestments 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 Defendants' demurrer without leave to amend ...

Excerpt: ...nto on January 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 Plaintiffs Jacinto Talamante and Victori...

Excerpt: ....; and Immediate Medical Group of Lakewood, Inc. (collectively, “Defendants”). Plaintiff alleges seventeen causes of action relating to alleged violations of FEHA for discrimination, harassment and retaliation and alleged violations of the Cal. Labor Code. 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. An...

Excerpt: ...the sale of a 2016 Chevrolet Suburban. ANALYSIS CCP §2030.250 provides, “(a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (b) If that party is a public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party…(c) The attorney for the responding pa...

Excerpt: ...��) arising out of an alleged retention agreement for legal representation. Plaintiff alleges four causes of action including: (1) breach of written contract; (2) account stated; (3) open book account and (4) quantum meruit. OBJECTIONS The Court rules on the Defendants' objections as follows: 1. OVERRULED. ANALYSIS California Code of Civil Procedure, section 437c(c): “The motion for summary judgment shall be granted if all the papers submitted ...

Excerpt: ...s two causes of action: (1) fraud and (2) breach of contract. 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. (Kirkland v. Sup.Ct (...

Excerpt: ...uding: (1) breach of written contract; (2) breach of fiduciary duty; (3) dissolution of partnership; (4) accounting; and (5) declaratory relief. Plaintiffs causes of action arise out of an alleged partnership agreement titled “JL Brands & Integral Innovations Merger Business Agreement”. On October 30, 2018, Defendants Jonathan Pierce and JL Brands LLC filed a cross complaint against Plaintiffs alleging (1) breach of written contract; (2) brea...

Excerpt: ...ing a promissory note. Plaintiffs allege the following causes of action in their First Amended Complaint, filed on October 4, 2018: (1) breach of contract; (2) breach of contract re: guaranty; (3) fraud; (4) reformation of contract; (5) common counts; (6) breach of contract; (7) fraud; and (8) common count. ANALYSIS A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's a...

Excerpt: ...oject located at 720 W. Washington Blvd. Los Angeles. On September 21, 2018, Defendant and Cross Complainant JAG Architects, Inc. (“Cross Complainant”) filed a first amended complaint against Cross Defendants Santa Maria Group, Inc., Fallbrook Development Company, LLC, Fallbrook Capital Securities Corporation, and Fallbrook Companies LLC (collectively, “Cross Defendants”). The causes of action alleged are (1) implied indemnity; (2) equita...

Excerpt: ...a 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 Honda...

Excerpt: .... Plaintiffs allege ten 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 L...

Excerpt: ...nd 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. Defendants w...

Excerpt: ...y, negligence, and various statutory violations. REQUESTS FOR JUDICIAL NOTICE Plaintiff's RJN is GRANTED. Defendant's RJN is GRANTED. (Cal. Evid. Code §451, 452.) ANALYSIS CCP §1021 recognizes that attorney fees incurred in prosecuting or defending an action may be recovered as costs only when they are otherwise authorized by statute or by the parties' agreement. (Santisas v. Goodin (1998) 17 Cal.4th 599, 607, fn4.) The Legislature enacted this...

Excerpt: ...leges four causes of action including (1) violation of the Federal Jury Systems Improvement Act; (2) violation of Labor Code §230; (3) violation of Labor Code §1102.5; and (4) wrongful termination in violation of public policy. 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, the court shall order t...

Excerpt: ...llenges 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 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 conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed liberally to determ...

Excerpt: ...yment was governed by IWC Order No. 5-2001 and 8 CCR § 11050, which regulate the “Public Housekeeping Occupations” industry. On April 25, 2018, the action came on regularly for trial before a jury. After hearing the evidence and arguments, the jury was duly instructed by the Court and the case was submitted to the jury with directions to return a verdict on whether Plaintiff was exempt from overtime pay or was not exempt. The jury found that...

Excerpt: ...ender; (2) retaliation; (3) hostile work environment; (4) failure to take all reasonable steps necessary to prevent discrimination, retaliation and harassment; (5) violation of labor code §1102.5; (6) negligent supervision, hiring and retention; (7) intentional infliction of emotional distress; and (8) wrongful discharge in violation of public policy. Trial is currently set for September 4, 2018. ANALYSIS The court may allow, in furtherance of j...

Excerpt: ...ed March 22, 2018 arise from comments made by Defendant David Greene (“Greene”) during a press interview taken on January 20, 2017 regarding Eagle Rock Neighborhood Council hearings on the subject of an application for a Conditional Use Permit to develop the Bekin Estate located at 1554 Hill Drive in the Eagle Rock neighborhood of Los Angeles (“The Property”) in 2016. (Greene Decl., ¶ 9, Exh. B). Plaintiff, who is employed as a Los Angel...

Excerpt: .../2016. Plaintiff asserted eleven causes of action against Valley Emergency Physicians Medical Group, Inc.; Dignity Health, Inc. and Shannon Bernal including (1) defamation; (2) Violation of Health and Safety Code §1278.5; (3) Business and Professions Code §510; (4) Labor Code §98.6 and 1102.5; (5) Adverse Action in Violation of Public Policy; (6) California Family Rights Act; (7) Discrimination; (8) Retaliation; (9) Failure to Provide Meal and...

Excerpt: ... 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 Defendants”). ANALYSIS On motion of any party who has engaged in a timely exchange of expert ...

Excerpt: ...Twentieth Century Fox Film Corporation (“Fox”). Further Plaintiff's claim arises out of employment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (collectively “Zwissig Defendants”.) The Court previously sustained the Zwissig Defendants' demurrer to the third and fourth causes of action to the Complaint. Plaintiff filed a First Amended Complaint (“FAC”) on May 24, 2018. Plaintiff alleges the followi...

Excerpt: ...or loss of use damages and damages for the diminution of value of the Bentley. Plaintiff seeks $50,000 in compensatory damages, $100,000 in consequential damages and $500,000 in punitive damages plus costs and attorney's fees. 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 Union High Sch. Dist. (1996...

Excerpt: ...ual” published by Defendant and provided to its authorized repair facilities, within the State of California, for the period of January 1, 2012 to present. 2. Defendant shall produce any internal analysis or investigation regarding excessive oil consumption, oil leaks, oil loss error message, defects causing a burnt oil smell, drivetrain malfunction errors, defects causing smoke emissions or causing the vehicle to shake while operating, fuel ta...

Excerpt: ...IS 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 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 conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed li...

Excerpt: ...Plaintiffs”) allege that Defendants illegally searched their home and vehicles without a warrant on March 5, 2015; submitted falsified and illegally obtained evidence for the purpose of obtaining a search warrant on March 20, 2015; and wrongfully detained Plaintiffs without probable cause, and searched their home on March 24, 2015. Plaintiffs were subsequently transported to Burbank Jail. Plaintiffs allege that Defendants illegally seized Plain...

Excerpt: ...ichardson. On June 29, 1970 James and Margaret Richardson received title to 1828 W.85 th St., Los Angeles 90047 (“the Property”). Plaintiff alleges that due to a marriage dissolution, on August 27, 1984 Margaret Richardson transferred her interest to James Richardson via quit claim deed. James Richardson passed away without testamentary instruments on May 21, 1999 and Defendant commenced a probate case. (BP056981). Plaintiff alleges he is ent...

Excerpt: ...Angeles, California 90036. Around July 1, 2012 Plaintiff and Defendant entered into a written Outdoor Sign Lease (“the Lease”) for a billboard at the premises. The lease explicitly called for a $3,000 per month rental. (Complaint Exh. A.) The Lease provided that effective January 1, 2016, Plaintiff's tenancy at the premises would become a month to month tenancy. Plaintiff contends the parties had not agreed to a different amount of rent, and ...

Excerpt: ...ON AND REQUEST FOR SANCTIONS BACKGROUND The complaint in this action was filed by Plaintiff Haggins Construction Corporation (“Plaintiff”) on December 9, 2016, alleging (1) Breach of Oral Contract; (2) Quantum Merit; (3) Foreclosure of Mechanic's Lien. (Pl.'s Compl.) Defendants Ahmad Keliddari, Sam Sadat, and Rad-Zin Investment (“Defendants”) filed a cross-complaint on May 3, 2017 alleging (1) Breach of contract; (2) Negligence; (3) Fraud...

Excerpt: ...eier an express written limited warranty; the vehicle had defects covered by the express written limited warranty that substantially impaired the vehicle's use, value or safety to a reasonable buyer, etc. (See Judgment on the Jury Verdict 6/21/18). The jury found total damages of $39,584.43, and the jury imposed $59,376.65 as a penalty (Judgment on Jury Verdict ¶9). In total the jury awarded Plaintiff $98,961.08 from Defendant with interest. ANA...

Excerpt: ...th of settlement, such as this, need not contain a full and complete discussion of the Tech-Bilt factors by declaration or affidavit; rather, a bare bones motion setting forth the ground of good faith and a declaration containing a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261; see Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d 488.) As this application fo...

Excerpt: ...s a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) Any warning that is required by the settlement complies with this chapter. ...

Excerpt: ...y move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition. . . by a declaration stating that the petitioner has contacted the deponent to inquire about the <0044000300470048005300 004c004f005600030057>o answer any question or to produce any document, elect...

Excerpt: ...efendant Glendale City Employees Association, Inc. (“Defendant”). Plaintiff alleges that Defendant moved her to a basement and that she suffered a nervous breakdown as a result of the working conditions. Defendant alleges she was discriminated against for having a disability and terminated as a result. In the Complaint (“Complaint”), Plaintiffs assert causes of action for retaliation; discrimination; failure to accommodate disability; fai...

Excerpt: ...rough 100, inclusive, Defendants. Case No.: BC643554 (Consolidated with BC660808 and BC672493) Hearing Date: July 23, 2018 [TENTATIVE] ORDER RE: DEFENDANTS NISSAN MOTOR CO., LTD AND NISSAN NORTH AMERICA, INC. MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AGREEMENT AND MOTION TO SEAL Defendants Nissan Motor Co., Ltd. and Nissan North America, Inc. (“Nissan Defendants”) move for an order determining that its settlement with Plaintiff Pablo ...

Excerpt: ...r. Defendants allegedly defaulted on the loan. Plaintiff asserted causes of action for (1) breach of loan agreement and enforcement of promissory note; (2) breach of the implied covenant of good faith and fair dealing; and (3) judicial foreclosure. REQUEST FOR JUDICIAL NOTICE Mazakoda's request for judicial notice and supplement request for judicial notice is GRANTED. Defendants' request for judicial notice is GRANTED. ANALYSIS The prevailing par...

Excerpt: ... 17, 2017. The case arises from a written loan agreement Plaintiff entered into on or around March 18, 2011 with HELPUFINANCE.COM (“the loan”). Plaintiff alleges that First American was named as the trustee under the Deed of Trust. Plaintiff alleges that multiple Notices of Default and Election to Sell Under Deed of Trust on Plaintiff's property were filed without proper notice to Plaintiff that the named trustees had changed and the named be...

Excerpt: ...ff”) against Defendant General Motors, LLC (“Defendant”) on October 3, 2017. Plaintiff alleges Breach of Implied and Express Warranties under the Song-Beverly Warranty Act. Plaintiff noticed the deposition of Defendant's Person(s) Most Knowledgeable (“PMK”) on December 14, 2017. (Exh. 1) Defendant served objections to Plaintiff's notice of deposition on December 26, 2017. (Exh. 2) As the parties have failed to agree on a date and scope ...

Excerpt: ...The dispute in this action arises from the question of who or what entity controls St. Mary of the Angels Parish in Hollywood, CA (“The Parish”). The initial complaint in this suit was filed in 2012, and the trial court found judgment in favor of Marilyn Bush, Diane Kang, Keith Kang, and DOES 1-25 (“Defendants”) acting on behalf of the Anglican Church in America (“the ACA”). The Rector, Wardens, and Vestrymen of St. Mary of the Angels...

Excerpt: ...gainst 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. DISCUSSION If a party desires to obtain discovery by medical examination beyond that which is provided in CCP §2032.220, the party shall obtain leave of court. (CCP §2032.310(a)). The motion shall specify the time, place, manner, co...

Excerpt: ...ent and CFO of LAmade, respectively. Plaintiff Brittanie Newman (“Newman”) alleges that in April 2012, the parties entered into an agreement whereby Plaintiff was to work as an “Independent Sales Representative” for LAmade. Plaintiff alleges that Defendants failed to pay her contractually earned commissions pursuant to the agreement. In the second amended complaint (“TAC”), Plaintiffs assert causes of action for (1) breach of contract...

Excerpt: ...or production of documents, set one, No. 1-103, on the grounds that the requests are not compliant with the Code of Civil Procedure. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the moving party hasshown good cause for the RFPs, the burden is on the objecting ...

Excerpt: ...d a website that was disparaging to Plaintiff and her business, Mazgani Social Services, Inc. (the “Business”). Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, in pro per, alleges that Mahvash, and other Cross- Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the Business. In Neyaz Mazgani's (“Neyaz”) cross-complaint, Neyaz alleg...

Excerpt: ...gainst Defendants Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and televi...

Excerpt: ... Moro and Stan Lindenfeld, individually and derivatively on behalf of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. (Complaint ¶18.) Plaintiffs allege eight causes of action: (1) breach of fiduciary duty; (2) conversion; (3) unjust enrichment; (4) professional negligence; (5) breach of duty to minority shareholders; (6) fraud; (7) fraudulent transfer; and (8) declar...

Excerpt: ...s of action including (1) sexual harassment; (2) retaliation; (3) sexual discrimination; (4) failure to prevent sexual harassment; (5) constructive wrongful termination and retaliation in violation of public policy; (6) intentional infliction of emotional distress; (7) negligent infliction of emotional distress; (8) negligent hiring, retention and supervision; (9) breach of contract; (10) fraudulent misrepresentation; (11) services rendered and (...

Excerpt: ...ses of action including: 1) Gender Discrimination in violation of FEHA; 2) Racial Discrimination in Violation of FEHA; 3) Harassment in Violation of FEHA; 4) Retaliation in Violation of FEHA; 5) Failure to Prevent Discrimination in Violation of FEHA; 6) Intentional Infliction of Emotional Distress; 7) Declaratory Relief; and 8) Injunctive Relief. Plaintiff requests punitive damages for causes of action 1-4 and 6. (Complaint ¶¶ 31, 47, 59, 69 an...

Excerpt: ...This complaint arises from a dispute between Plaintiff David Shaker (“Shaker”), and Defendants 1897 W Jefferson LLC (“Jefferson LLC”), Samantha Singleton (“Samantha Singleton”) and Jeffrey Siegel (“Siegel”), regarding the real property known as 3114-3126 S. Andrews Place and 1885-1899 Jefferson Blvd., Los Angeles, CA 90018 (“the Property”). Mr. Rollin Singleton acquired title to the Property May 11, 1982. Lolita Singleton, his...

Excerpt: ... Liao; and Anand Vashi (collectively “Defendants”) to construct a restaurant/bar known as Seoul Sausage Co. Plaintiff alleges nine causes of action including (1) breach of written contract; (2) work, labor, and services performed; (3) claim and delivery; (4) foreclosure of personal property security; (5) injunction; (6-9) breaches of written guarantee agreement. ANALYSIS “If parties to pending litigation stipulate, in a writing signed by th...

Excerpt: ...ng, Inc. (“SPS”) and the Bank of New York Mellon (“BNYM”)(collectively, “Defendants”) committed violations of the Homeowner Bill of Rights during the loan modification process. Plaintiff Craft is alleged to be the manager and sole owner of Plaintiff Candela, LLC (“Candela”). Plaintiff alleges four causes of action in the First Amended Complaint (“FAC”) including (1) violation of California Homeowner Bill of Rights (“HBOR”)...

Excerpt: ...s specialty-shower doors on or around September 2014 for installation of the Mayfair Hotel. Plaintiff alleges the doors malfunctioned and caused injuries to their guests. Plaintiff alleges ten causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) breach of covenant of good faith and fair dealing; (5) negligence; (6) negligent misrepresentation; (7) unfair business practice...

Excerpt: ...efendants”). Plaintiff alleges excessive and inaccurate billing and defective planning, scheduling and construction in breach of the home improvement contract. Plaintiff alleges six causes of action: (1) breach of contract; (2) fraud; (3) violations of Cal. Bus & Professions Code §7031 and §7059; (4) negligence against McCauley Defendants; (5) breach of contract; and (6) negligence against Defendants Jefferson Schierbeek, Addison Schierbeek A...

Excerpt: ...t Co (“Plaintiff”) owns the property located at 2565 Benedict Canyon Drive, Beverly Hills, California (the “Residence”). The residence is allegedly occupied by Defendants Lawrence M. Deutsch and Deborah Deutsch (“the Defendants”). DISCUSSION A. Requests for Admission “If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests. (CCP § 2033.280(a).) Moreover, “[t]he requ...