Excerpt: ...l at UCLA (“Hospital”), Philip 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 arou...

Excerpt: ...STATED IN THE COMPLAINT BACKGROUND The complaint in this action was filed by Plaintiff H.P. Textile, Ltd. (“Plaintiff”) against Defendants Unique Textile, Inc. (“Unique Textile”), Angie Kang (“Angie”), and Martin Koo Kang (“Martin”) (together, “Defendants”) on March 21, 2018. The Complaint alleges three causes of action for: 1) Breach of Contract; 2) Common Count; and 3) Account Stated. Defendants Angie and Martin filed a demu...

Excerpt: ...retaliation; (3) failure to prevent discrimination and retaliation; and (4) declaratory judgment. Defendant filed this demurrer to the amended complaint on May 22, 2018. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to p...

Excerpt: ...f Business and Professions Code §17200; (3) negligent hiring and retention; and (4) intentional infliction of emotional distress. DISCUSSION If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also ...

Excerpt: ... verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made.” (CCP § 629.) A motion for judgment notwithstanding the verdict (“JNOV”) has the same function as a motion for directed verdict. (Beavers v. Allstate Ins. Co.<00b6005600030053005200 00550044005100570003[a nonsu...

Excerpt: ...ursuant to Civil Code §1794(d) and the Settlement Agreement (Devlin Exh. 10). However, in opposition the Defendant Volkswagen Group of America (“Defendant”) contends the fees are unreasonable, and $644.92 in costs should be taxed. “The verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board Of Trustees Of California S...

Excerpt: ...rsuant to Civil Code §1794(d) and the Settlement Agreement (Exh 8 ¶2). However, in opposition the Defendant FCA US LLC (“Defendant”) contends that a multiplier is not warranted. “The verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board Of Trustees Of California State University (2005) 132 Cal.App.4th 359, 396.) If...

Excerpt: ... and (4) fraud. DISCUSSION 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 complai...

Excerpt: ...chers USA, Inc. (“Skechers”) alleging (1) breach of contract; (2) account stated; and (3) open book account on March 14, 2018. Skechers filed a cross-complaint on April 12, 2018, alleging (1) breach of contract; (2) fraud; and requesting exemplary damages. Cross-Defendant then filed a demurrer on May 31, 2018 of Cross-Complainant Skechers' cross-complaint. The complaint and cross-complaint stem from a transaction between DisplayIT and Skecher...

Excerpt: ...ises out of the alleged termination of Plaintiff Marvin Blanco (“Plaintiff”) by alleged employer Arctic Glacier U.S.A., Inc. (“Defendant”) Plaintiff propounded the first set of RFP's and Form Interrogatories in September, 2017. Defendant responded in November, 2017. (Friedland Decl. ¶ 2) Plaintiff attempted to meet and confer with Defendant regarding the adequacy of responses to form interrogatories and the production of documents on Dec...

Excerpt: ...ant to the terms of the settlement.” (CCP § 664.6.) Plaintiff Xiangdong Zhang (“Plaintiff”) seeks to enforce a settlement agreement against Defendant Jungong Zhao (“Defendant”). Pursuant to the settlement agreement, Defendant was to pay $1,000 per month until the debt of $33,000 was paid off starting in December 2017. (Exh. A.) Defendant did not pay in December 2017. Defendant's January 31, 2018 check for $2,000 was returned for insuff...

Excerpt: ...lf 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) declaratory relief. REQUEST FOR JUDICIAL NOTICE The Defendants request...

Excerpt: ...rofessions Code §17200; (3) negligent hiring and retention; and (4) intentional infliction of emotional distress. DISCUSSION If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also Best Products, I...

Excerpt: ...ovember 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plainti...

Excerpt: .... 216.1. If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1189-1190 [motion to compel proper to challenge “boilerplate” ...

Excerpt: ...n (“Plaintiff”). “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 the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds...

Excerpt: ...d various statutory violations. REQUEST FOR JUDICIAL NOTICE <0048005400580048005600 00580047004c0046004c>al Notice (“RJN”) are GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION 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.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to is...

Excerpt: ...); Bosley Inc. (“Bosley”); and Aderans America Holdings, Inc. (“AAH”). Plaintiff's Complaint alleges eighteen causes of action: (1) family and medical leave discrimination in violation of FEHA; (2) family and medical leave discrimination in violation of public policy; (3) retaliation and/or harassment in violation of FEHA; (4) retaliation and/or harassment in violation of public policy; (5) pregnancy discrimination in violation of FEHA; (...

Excerpt: ... was retaliated against for complaining about such harassment and discrimination, among other complaints. The operative first amended complaint, filed May 01, 2018, asserts causes of action for: 1. Perceived and/or Physical Disability Harassment; 2. Perceived and/or Physical Disability Discrimination; 3. Perceived and/or Physical Disability Retaliation; 4. Perceived and/or Mental Disability Harassment; 5. Perceived and/or Mental Disability Discri...

Excerpt: ...or breach of contract (California Civil Code §1951.2.) DISCUSSION 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 fac...

Excerpt: ...y located on East Pico Boulevard in Los Angeles. Plaintiffs allege claims arising out of the warranty of habitability, negligence, and various statutory violations. REQUEST FOR JUDICIAL NOTICE The Plaintiff's Request for Judicial Notice is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION Defendant SIMON NEMAN'S (“Neman”) moves to compel Plaintiffs to provide responses to written discovery. Given that there are seventy-five individual Plainti...

Excerpt: ...ty, negligence, and various statutory violations. DISCUSSION 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 (2002) 95 C...

Excerpt: ...ntiff Kieran Kelleher (“Plaintiff”) brings this action against Defendants City of Long Beach, Long Beach Police Department Chief Robert Luna, Jim McDonnell, Justin Krueger and Alvin Do (1) excessive force; (2) denial of medical care; (3) retaliation; (4) failure to properly screen and hire; (5) failure to properly train; (6) failure to supervise and discipline; (7) violation of the Bane Act; (8) assault; (9) battery; (10) negligence; and (11)...

Excerpt: ...against Defendant City of Los Angeles, a government entity; and DOES 1 through 100, inclusive (“Defendant” or “the City”) alleging retaliation based on race, and for opposing unlawful practices prohibited by the Fair Employment and Housing Act (“FEHA”). On February 15, 2017, Defendant served its Motion for Summary Judgement. (McNicholas Decl. ¶ 2). On December 8, 2017, Plaintiffs deposed Chief Assistant City Attorney Thomas Peters, a...

Excerpt: ... lease agreement between Plaintiff Kawada Co. of America LTD (“Plaintiff”) and Defendants Ebanos Crossing LLC, Justin Shapiro, Dan Rottenstreich, Harris Bojic, Zeshan Khan, Drew Jacobson, Cory Jacobson, Paul Keo, and DOES 1 to 10 (“Defendants”). Plaintiff moves for reconsideration and an order setting aside entry of default and vacating clerk's default judgement of the Court's March 2, 2018 ruling granting Defendants motions to set aside ...

Excerpt: ...ly Consumer Warranty Act. Plaintiff filed her complaint on October 3, 2017 regarding defects with her 2011 Volkswagen Routan (“the Vehicle”) including radio, steering wheel, rearview camera, transmission, powertrain control module, and brake malfunctioning that impair the use of the Vehicle. DISCUSSION The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing ...

Excerpt: ...fraud. DISCUSSION 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 ...

Excerpt: ...al Plaintiffs against eighteen Defendants related to a property located on East Pico Boulevard in Los Angeles. Plaintiffs allege claims arising out of the warranty of habitability, negligence, and various statutory violations. DISCUSSION Defendant MBN Real Estate Investments, LLC (“MBN”) moves to compel Plaintiffs to provide responses to written discovery. Given that there are seventy-five individual Plaintiffs in this action, the Court grant...

Excerpt: ...i Hsu alleged that Defendants were negligent in their representation of her, including in attempt to have her commit bankruptcy fraud. <0056005800b60056000300 000f00030049004c004f>ed a similar lawsuit against Defendants in LASC Case No. BC657976, in which Jenny Hsu alleges the same negligent representation in attempting to have Jenny Hsu commit bankruptcy fraud. In BC657976, Plaintiff asserts a claim of professional negligence against Defendants ...

Excerpt: ...h within UCLA's Department of Medicine. In 2009, Plaintiff was promoted to adjunct associate professor of medicine, and again in 2011 to adjunct professor, step 1. Plaintiff was responsible for securing funding for his compensation at UCLA through internal grants and extra-mural funding. Plaintiff alleges that once his Division Chief, Dr. Bevra Hahn, announced her retirement in 2012, the Chair of the Department of Medicine, Dr. Alan Fogelman, rej...

Excerpt: ...t. On November 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. On March 21, 2018, Cross-Defendant demurred to the Cross-Complaint which was sustained with leave to amend. DISCUSSION On rece...

Excerpt: ...suant to the terms of the settlement.” (CCP § 664.6.) Plaintiff Taylor Traut (“Plaintiff”) seeks to enforce a settlement agreement against Defendant Volkswage Group of America, Inc (“Defendant”). The parties mediated the case successfully on January 30, 2018 with mediator Ron Akasaka. (Cline Decl. ¶13.) After the mediation, Mr. Akasaka sent an email memorializing the terms of the settlement. (Cline Decl. Exh 1.) Plaintiff contends the...

Excerpt: ... various statutory violations. REQUEST FOR JUDICIAL NOTICE The Defendants' Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION 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.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to issue monetary ...

Excerpt: ...n: (1) discrimination; (2) harassment; (3) failure to prevent discrimination and harassment; (4) wrongful termination; and (5) declaratory judgment. Defendant demurs to Plaintiff's second and fifth causes of action. DISCUSSION 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....

Excerpt: ... Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP and successor by April 27, 2009 de jure merger with Countrywide Bank, FSB (“BANA”); Countrywide Home Loans, Inc. (“Countrywide”); and PRLAP, Inc. (“PRLAP”). On August 24, 2016, Bank of America assigned its beneficial interest under the Deed of Trust to Citibank, N.A. solely as Trustee of NRZ Passthrough Trust VI, recording an assignment of deed of trust on September 14, 20...

Excerpt: ...store. Plaintiff asserts causes of action against Defendants Walgreen's Corporation (“Walgreen”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Courts have compelled parties to sign authorizations for release of medical records. (Coats v. K-Mart Corporation (1989) 215 Cal.App.3d 961, 965; Miranda v. 21st Century Insurance C...

Excerpt: ...crimination; unlawful collection of excess rent; failure to pay interest on security deposit; unlawful eviction; failure to pay relocation fees; tenant harassment; retaliatory eviction; failure to return security deposit; breach of the implied covenant of quiet enjoyment; assault; intentional infliction of emotional distress; negligent infliction of emotional distress; breach of the implied warranty of habitability; and nuisance. Plaintiff allege...

Excerpt: ...Home Warranty Corp. (“Defendants”) on February 14, 2018. The case involves real property located at 6127 N. Hanlin Avenue, Azusa, California (“the Property”). After Plaintiff purchased the property in July of 2016, an electrical fire broke out at the Property on or about February 10, 2017. (Complaint ¶14.) Plaintiff alleges that the Seller and its broker failed to disclose certain defects in the Property. (Complaint ¶13, 14, 16, 17-19.)...

Excerpt: ...018. The Complaint alleges nine causes of action for violations of the Labor Code, the Investigative Consumer Reporting Agencies Act and Business and Professions Code §17200. DISCUSSION A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of personal jurisdiction of the Court over him or her. (CCP §418.10(a).) “When a defendant challenges the Court's personal jurisdiction on the ground of imp...

Excerpt: ...es four causes of action: (1) legal malpractice; (2) negligent misrepresentation; (3) fraud; and (4) breach of fiduciary duty. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION 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...

Excerpt: ... he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breach of employment contract; (2) intentional (3) in...

Excerpt: ... (2) breach of contract. On November 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. On March 16, 2018, Cross-Defendant filed the instant demurrer to Cross-Complaint. Cross-Complainant file...

Excerpt: ...�� (Code Civ. Proc., § 664.6.) Plaintiff Michael Kim (“Plaintiff”) moves for entry of judgment pursuant to the terms of the Settlement and Release Agreement (“Settlement Agreement”) and Stipulation for Entry of Judgment (“Stipulation”) between Plaintiff and Defendants David Park, Dana Park, Park Wilshire Realty, Inc. and J Development LLC (collectively “Defendants”). Pursuant to the Settlement and Release Agreement, Defendants wo...

Excerpt: ...tsego St., North Hollywood, CA 91601 (“the Property”). The action arises out of Plaintiff's default of a $500,000 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 Practices Act; (7) violation of California Civil Code �...

Excerpt: ...causes of action: (1) breach of contract; (2) retaliation; (3) failure to accommodate; (4) failure to engage in good faith interactive process; (5) wrongful termination; (6) intentional infliction of emotional distress; and (7) tortious interference with contract. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency...

Excerpt: ...“Defendant.”) Plaintiff alleges that Defendant refused to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage i...

Excerpt: .... The lease agreement was executed by Plaintiff Summit Media, LLC (“Plaintiff”) as the lessee, and Defendant Vivi Stafford as lessor on behalf of her and the co-owners. On April 3,2017, Plaintiff filed a Second Amended Complaint, which alleged the following causes of action: (1) Breach of Contract; (2) Slander; and (3) Extortion. On June 26, 2017, the Court issued an order sustaining the demurrer as to Plaintiff's extortion cause of action, w...

Excerpt: ...fendant Dignity Health, Inc. (“Dignity”) owned and/or operated Northridge Hospital Medical Center (“Hospital”), where Plaintiff worked. Plaintiff alleges that Dignity exercised sufficient control over Plaintiff to be considered Plaintiff's employer. Defendant Shannon Bernal (“Bernal”) held a managerial nurse position with Dignity. Plaintiff alleges that she told Bernal that the team triage was “horrible” and “dangerous,” and c...

Excerpt: ...lief; (3) instructions pursuant to Probate Code Section 17200; and (4) interference with contract against Defendants Cooperative of American Physicians, Inc. (“CAP”), et al. CAP is a cooperative corporation comprised of licensed physicians for the purpose of providing a reserve for the payment of potential professional negligence liability. The members of CAP are parties to a trust agreement, known as Mutual Protection Trust (“MPT”). MPT ...

Excerpt: ... (3) failure to prevent; (4) retaliation; (5) wrongful discharge; (6) wrongful discharge in violation of public policy; (7) intentional infliction of emotional distress; (8) failure to investigate/take corrective action; and (9) unfair business practices. EVIDENTIARY OBJECTIONS The Court rules on Plaintiff's evidentiary objections to the Declaration of Corey Crickmore as follows: 1. OVERRULED. 2. SUSTAINED. 3. OVERRULED. 4. OVERRULED. DISCUSSION ...

Excerpt: ...005100470003004f0048>asing of real properties (“Subject Properties”). Plaintiffs allege that they own a fifty-percent interest in the Subject Properties. Plaintiffs assert causes of action for (1) winding up of partnership by receiver, (2) declaratory relief, (3) conversion, (4) breach of fiduciary duty, (5) imposition of a constructive trust, (6) injunctive relief, (7) an accounting, (8) breach of contract, (9) partition, and (10) fraud. On ...

Excerpt: ...irm, correct or vacate the award. (CCP § 1285.) Petitioner complies with CCP § 1285.4 as they attach a copy of the stipulation to submit the matter to arbitration, (Pet., Exh. B.), set forth the name of the arbitrator (James Adler), and attach a copy of the arbitration award (Id, Exh. C.) Respondent has not opposed the petition or moved to vacate the award, however Respondent passed away on December 8, 2017 (Decl. Krueger ¶9). Petitioner has n...

Excerpt: ...party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. . . . Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on ...

Excerpt: ... Grand Cherokee. On or about March 16, 2018 Plaintiff served a Notice of Deposition of Kris Krueger on Defendants for April 2, 2018 in Dearborn, MI. (Exh. A.) Defendants objected to this notice on March 30, 2018. (Exh. B). On April 2, 2018 Plaintiff sent a letter to Defendant regarding the objections. (Exh. C.) On April 10, 2018 Defendants sent a response in an attempt to meet and confer and offered to provide a copy of Krueger's deposition testi...

Excerpt: ...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”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Zwissig Defendants demur to th...

Excerpt: ...llectibles, LLC (“Defendant” or “Collectibles”), specially appearing, moves to strike the Doe Amendment adding it to the action on January 4, 2018. DISCUSSION A Defendant named in an action by a Doe amendment under CCP §474 may challenge the amendment by way of an evidence-based motion, which argues that the plaintiff “unreasonably delayed” his or his filing of the challenged amendment. (A.N. v. County of Los Angeles (2009) 171 Cal.A...

Excerpt: ... of covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) unjust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (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, ...

Excerpt: ...l title to the real properly located at 4155 Mt. Vernon Drive, Los Angeles, CA (the “Property”). On March 9, 2018, the Court issued a Statement of Decision finding that Plaintiff Wells Fargo is the prevailing party. Plaintiffs now move to transfer and consolidate additional cases. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters ...

Excerpt: ...rty was deemed a public nuisance by court order in , and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba ...

Excerpt: ...nts Mercedes-Benz USA, LLC and Keyes European, LLC (collectively “Defendants”) point out that the fees in this case are awarded pursuant to a full Release, Settlement Agreement and Confidentiality Agreement, which provides for “MBUSA;s payment of Releasor's reasonably-incurred court costs, attorney's fees and legal expenses pursuant to California Civil Code Section 1794(d) as prevailing party, all to be determined by court motion if the par...

Excerpt: ...) denial of medical care; (3) retaliation; (4) failure to properly screen and hire; (5) failure to properly train; (6) failure to supervise and discipline; (7) violation of the Bane Act; (8) assault; (9) battery; (10) negligence; and (11) intentional infliction of emotional distress. As set forth in the complaint, Plaintiff alleges Long Beach police officers came to Plaintiff's house and used unnecessary and excessive force while handcuffing Plai...

Excerpt: ...lations of the Labor Code, conversion, unfair competition, and disability discrimination. DISCUSSION “[T]he authority of a trial court ‘to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers.”' ‘Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical sta...

Excerpt: ...il 20, 2017. The First Amended Complaint (“FAC”) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017. DISCUSSION If a subpoena requires the attendance of a witness ...

Excerpt: ...; (3) failure to prevent discrimination and retaliation; and (4) declaratory judgment. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION 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. Ap...

Excerpt: ...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 on or around 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 ...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 HEE SK LLC (“Defendant”) moves for an award of attorneys'...

Excerpt: ..., trustees of the F. Cardinal Coate and Lorna F. Coate Trust, dated June 28, 1982 (“Defendants”) are the record tittle owners of a commercial real property located in Commerce, CA (“Premises”). The parties entered into a lease agreement in December 2006. Plaintiff alleges that a dispute arose in August 2011 with respect to certain terms and provisions of the lease agreement. In March 2015, Defendants served Plaintiff with a three-day noti...

Excerpt: ...et, Los Angeles, CA 90021 (“the Premises”). Plaintiff/Cross-Defendants Sky High Investments Company LLC and Morad Neman (“Cross-Defendants”) filed a Complaint for breach of contract against Cesar Lara on August 9, 2017. Defendant/Cross- Complainant Cesar Lara (“Cross-Complainant”) filed a Cross Complaint on December 27, 2017 and a First Amended Cross Complaint (“FACC”) on February 2, 2018. The FACC alleges the following causes of ...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 S WESTERN LLC (“Defendant”) moves for an award of attorne...

Excerpt: ...h Vermont Avenue (“Property”). (Compl. ¶ 2.) Plaintiff seeks title to the parcels for the construction and operation of the Vermont and Manchester Transit Priority Joint Development Project (“Project”). (Id.) The Project is planned to include, “a 6-story mixed use affordable housing and community serving/commercial retail component, a transit plaza/bus transfer center, a public open space, a 6-story public charter college preparatory b...

Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...). Plaintiff alleges that it owns all of MVF's shares. Plaintiff alleges that Defendants Medley Capital Corporation (“Medley”), Medley Opportunity Fund II LP, MCC Advisors LLC, Richard Craybas, James Feeley, Congruent Credit Opportunities Fund II LP, Congruent Investment Partners, LLC, Preston Massey and Main Street Capital Corporation (collectively, “the Defendants”) took control of MVF and wrongfully terminated former officers and direc...

Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...ollection of excess rent; failure to pay interest on security deposit; unlawful eviction; failure to pay relocation fees; tenant harassment; retaliatory eviction; failure to return security deposit; breach of the implied covenant of quiet enjoyment; assault; intentional infliction of emotional distress; negligent infliction of emotional distress; breach of the implied warranty of habitability; and nuisance. Plaintiff alleges Defendants owned the ...

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 ...

Excerpt: ...�to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions after giving parties proper notice and the opportunity to be heard. Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves ...

Excerpt: ...“Defendants”). As set forth in the complaint, Plaintiff was a former employee of Defendant Eli and Sonic Towing. Plaintiff filed a wage and hour action against Sonic Towing, Eli and his wife, Hila (“Sonic Action”). Hila successfully demurred to the wage and hour action, and was dismissed from the case. Hila then filed a malicious prosecution action (“Underlying Action”) against Plaintiff Monterrosa and his counsel, Mary T. Dumont (“...

Excerpt: ... sums [Plaintiff] had paid, when Defendant was able to make those payments.” (Id.) Plaintiff and Defendant understood that Defendant “would need some time to get a job that paid enough in order to make the installment payments…” (Id.) Plaintiff asserts that it was not the understanding of the parties that that the loans would be paid in a single lump sum. (Id. ¶ 12.) The first installment on the loans became due in September 2012 and wou...

Excerpt: ...NT BACKGROUND This action arises out of demolition work performed on certain real property located in Redondo Beach (“Property”). The Property was deemed a public nuisance by court order, and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabr...

Excerpt: ...rres (“Torres”) were passengers in a 1989 Crown Victoria (“Gutierrez' vehicle”) driven by Defendant Rose Ferrer (“Ferrer”). The Gutierrez's vehicle was allegedly hit by Pablo Ramirez's (“Ramirez”) 2007 Infiniti G35 (“Ramirez's vehicle”) when attempting to make a left turn. The impact allegedly cause Gutierrez's vehicle to spin around, strike another vehicle and catch on fire. Isabel Gutierrez and Torres allegedly sustained var...

Excerpt: ...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 entitled to 1/6 of James Richardson's estate. Defendant has filed an unlawfu...

Excerpt: ...MRH-2 Lynnview LLC and 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 (collectively, “Defendants”) improperly denied Plaintiff's claim for insurance coverage for damages it alleges it suffered as a re...

Excerpt: ...oyment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (“Zwissig”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Defendant demurs to the third cause of action. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the...

Excerpt: ...the warranty period, the vehicle contained or developed defects such that the engine was unable to properly utilize engine oil. Plaintiff alleges that Defendant knew that vehicles equipped with a 2.4L engine, such as the Chevrolet Equinox, would suffer from the defects Plaintiff experienced. Plaintiff asserts seven causes of action: (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2(b); (3) violation of Civil Code §179...

Excerpt: ...rica, LLC (“Defendant.”) DISCUSSION “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)– (b).) As set forth in the motion, P...

Excerpt: .... (“Plaintiff”). Plaintiff filed the operative complaint on July 27, 2017 requesting past due rent in the amount of $143,185.35; attorney's fees; and forfeiture. Plaintiff's proofs of service for all moving Defendants indicate the person served was “the ‘Party in 2A' by posting and mailing (CCP 415.45) by leaving a copy on 8/28/17 at 2:56pm.” (Proofs of Service filed 9/15/17.) On October 28, 2017 a default and clerk's default judgment f...

Excerpt: ...s 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. DISCUSSION A. Motion to Compel Further Deposition Testimony of Plaintiff Except as provided by court order, a deposition examination of the witness by all counsel, other than the witness' counsel or record, shall be limit...

Excerpt: ...2018, Plaintiff filed a complaint against Defendants, asserting causes of action for (1) race/color/national origin/ancestry discrimination in violation of FEHA; (2) disability discrimination in violation of FEHA; (3) failure to accommodate/engage in an interactive process in violation of FEHA; (4) retaliation for requesting accommodations/opposing practices forbidden by FEHA; (5) hostile work environment in violation of FEHA; (6) failure to do e...

Excerpt: ... of Los Angeles (“Defendant”) and Does 1 through 100 for (1) disability discrimination (Government Code §§ 12940, et seq.); (2) failure to provide reasonable accommodation (Government Code § 12940(m)); and (3) failure to engage in the interactive process (Government Code § 12940(n)). On February 23, 2018, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 3,...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 HEE SK LLC (“Defendant”) moves for an award of attorneys'...

Excerpt: ...eoFilm, Inc. (“MVF”). Barkat alleges that he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley[1] and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breac...

Excerpt: ...to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (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) declaratory judgmen...

Excerpt: ...ant Union Rescue Mission (“UMR”) filed a Demurrer to Complaint on the grounds that Complaint does not allege sufficient facts to state any valid cause of action against UMR. It has come to the Court's attention that Plaintiff Robinson was declared a vexatious litigant on March 13, 2012 in Los Angeles Superior Court case NC056093. To date, Plaintiff has not fulfilled her prefiling requirement pursuant to CCP § 391.7. DISCUSSION A. Order to Sh...

Excerpt: ...rmation of other tenants who currently live or have lived at 3800 W. 27 th St., Los Angeles, CA 90018 (“the complex”.) Plaintiffs have alleged that Defendant has allowed their resident manager to discriminate against families with children in the operation of the complex, namely, by refusing to let children play outside in common areas. (Complaint ¶14, 16. ) Plaintiffs propounded their first set of special interrogatories on Defendant on Nov...

Excerpt: ...et one, No. 1-102. 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 party to justify the objections. (Kirkland v. Sup. Ct (2002) 95 Cal. App. 4th 92, 98.) Plaintiff alleges claims fo...

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

Excerpt: ...suit on May 15, 2017, against 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 equip...

Excerpt: ...Inc. and Farmers Insurance Exchange (“Farmers”) demurred to the first three causes of action in the initial complaint on February 6, 2018. Plaintiff remains currently employed with Farmers. Plaintiff alleges causes of action for (1) Discrimination in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Failure to Prevent in Violation of the FEHA; and (4) Discrimination Against Public Policy. DISCUSSION A demurrer challenges only the l...

Excerpt: ...tiff”) property (“Property”) was sold at a foreclosure sale to Defendant Prop Value Properties, Inc. (“PVP”) on March 27, 2017. Plaintiff alleges that Defendants HSBC Bank USA N.A. (“Defendant”) and Specialized Loan Servicing, LLC (“Specialized”) refused to allow Plaintiff to conduct a short-sale. Plaintiff alleges various irregularities in the foreclosure process against her lenders. Plaintiff asserts causes of action for (1) v...

Excerpt: ...nfluence bad faith conduct in the court's statement of decision phase 1. A Trustee has a duty to comply with the trust terms. (Crocker-Citizens Nat'l Bank v. Younger (1971) 4 Cal.3d 202, 211.) A trustee has a duty to act in the best interest of the trust (Toedter v. Bradshaw (1958) 164 Cal.App.2d 200, 208.), and it is a breach of loyalty for a trustee to place his interest above a beneficiary. (Estate of Gump (1991) 1 Cal.App.4th 582, 586.) A tru...