Excerpt: ...roughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack of informed consent, (3) med...

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

Excerpt: ...t E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA , LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a higher own...

Excerpt: ...action for breach of contract against Defendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The purported Second Amended Complaint on July 31, 2023 is not properly filed because a party may only amend a complaint once without leave of court. (See Code Civ. Proc., § 472(a).) The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges tha...

Excerpt: ...tive trust, decla ratory relief, interference with contract, and unfair competition. The complaint alleges that Plaintiff and Defendant Pakulis formed a partnership called MarJa for the distribution of marijuana products. Plaintiff and Pakulis purchased Geopulse Exploration, Inc. through which to operate their cannabis production and distr ibution business. Thereafter, Pakulis allegedly betrayed Plaintiff by stealing Plaintiff's proprietary infor...

Excerpt: ...0 on Interstate 5 in Los Angeles. The accident occurred when a vehicle owned by Bekins A -1 Movers, Inc. and driven by Jorge Salcido collided with Plaintiffs' vehicle. The Bekins vehicle allegedly made an unsafe lane change after colliding with another vehicle driven by Moises Medina and owned by Mayelyn Swayze. Plaintiffs als o claim damages from being rear-ended by a vehicle driven by Mario Ulloa and owned by Maria Ulloa. On December 12, 2023, ...

Excerpt: ...liati on, (2) FEHA discrimination, (3) FEHA retaliation, and (4) FEHA failure to prevent. Plaintiff is a detention facility captain employed by the County. (FAC ¶¶ 23, 24.) Plaintiff alleges that Sheriff Villanueva personally intervened in Plaintiff's exercise of her duties and actively undermined Plaintiff's authority. (Id., ¶ 25.) Plaintiff also filed a Policy of Equity (“POE”) complaint against her supervisor, Commander Josie Woolum in ...

Excerpt: ... routinely denied pr omotion on the basis of her race. Plaintiff additionally alleges that she has been subjected to retaliation for reporting unlawful hiring practices. On January 22, 2024, Plaintiff filed the instant three motions to compel further responses to form interrogatories, special interrogatories, and requests for production. Defendant filed its oppositions on March 20, 2024. Plaintiff filed her replies on March 26, 2024. LEGAL STANDA...

Excerpt: ...dents: (1) on December 28, 202 1, Plaintiff tripped over a broken sidewalk owned by City of Los Angeles, in front of a building owned by Taylor Equities; and (2) on March 30, 2022, Plaintiff's vehicle was struck by a vehicle driven by Gary Spatz. On February 21, 2023, Spatz filed a cross -complaint against Taylor Equities and County of Los Angeles, asserting indemnity and apportionment. On June 20, 2023, County of Los Angeles filed a cross -compl...

Excerpt: ...g-Beverly Act. On March 6, 2024, Plaintiffs filed the instant motion for leave to file a first amended complaint. Defendant filed its opposition on March 20, 2024. Plaintiffs filed their reply on March 26, 2024. LEGAL STANDARD The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc, §§ 473, subd. (a), 576.) Courts must apply a policy of liberality in permitting amendment...

Excerpt: ...for (1) breac h of oral contract, (2) breach of written contract, (3) common count – account stated, (4) quasi-contract, (5) accounting, (6) fraud, and (7) declaratory relief. Plaintiff filed the operative First Amended Complaint on December 20, 2023. Plaintiff is the daughter of decedent Barry Lloyd Dungy, who operated a tax and accounting practice. (FAC ¶ 9.) In May 2021, Plaintiff received an offer from Defendant Kassabian to purchase the c...

Excerpt: ... and requesting accommodation. On February 26, 2024, Defendant filed the instant demurrer and motion to strike against the defamation cause of action. 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 D...

Excerpt: ...joyment, nuisanc e, negligence, Civil Code section 1942.4, and Unfair Competition Law. On February 21, 2024, Defendants filed the instant demurrer and motion to strike against the complaint. Plaintiffs filed their opposition on March 18, 2024. Defendants filed their reply on March 22, 2024. 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 conside...

Excerpt: ...ces, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disne...

Excerpt: ...wired $600,000 to Plaintiff with the expectation that Plaintiff would repay the loan in monthly installments. 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. Plaintiff then initiated this action before the Court for declaratory relief. The operative pleading is the First Amended Complaint (“FAC”), which prays for a dec...

Excerpt: ...endant wro ngfully refused to authorize a needed surgery for Plaintiff based on surgery guidelines that were biased and financially-driven. On March 1, 2024, Plaintiff filed the instant motion to compel further responses to her requests for production. Defendant filed a late opposition on March 15, 2024. Plaintiff filed her reply on March 20, 2024. The Court does not find Defendant's late opposition to be prejudicial and proceeds on the merits. L...

Excerpt: ...4. Pe titioner filed its reply on March 12, 2024. LEGAL STANDARD “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) A petition shall set forth the substance of the agreement to arbitrate, the names of the arbitrators, and any written opinion of the arbitrators. (Id., § 1285.4.) If the petition is duly served and filed, “the court shall co...

Excerpt: ...laintiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Te...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...candy product, Blow Pop Minis (the Product). Plaintiff alleges that the size of the Product's packaging suggests a significantly higher quantity of product than is actually found within. Plaintiff alleges that the package is actually less than half full and cont ains an excessive amount of nonfunctional slack fill. Plaintiff is a consumer tester who purchased the Product in Fall 2023 to test compliance and for personal consumption. On February 15...

Excerpt: ...nd (2) loss of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Plaintiff filed a proposed judgment on February 15, 2024. Defendant filed her objec...

Excerpt: ... requests for production. Plaintiff filed her opposition on March 7, 2024. Defendant filed his reply on March 13, 2024. LEGAL STANDARD Upon receiving responses to its discovery requests, the propounding party may move for an order compelling further responses if the responses are incomplete or evasive, or objections are without merit or too general. (Code Civ. Proc., §§ 2030.300(a), 2031. 310(a), 2033.290(a).) MEET AND CONFER A motion to compel...

Excerpt: ...f action for: (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexua...

Excerpt: ...es of action for (1) breach of contract, (2) open book account, and (3) account stated. The action arises f rom Defendants' alleged failure to pay for construction materials provided by Plaintiff. On January 19, 2024, Defendant Marciano filed the instant demurrer to the complaint. Plaintiff filed its opposition on March 4, 2024. Defendant filed his reply on March 11, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states ...

Excerpt: ...filed a joint answer through their counsel, Shirley Kenninger. Ms. Kenninger has since substituted out of the case. Defendant Corona is currently representing himself, while Defendant Yanez has retained other counsel. On February 14, 2024, Defendant Corona filed the instant motion to amend his answer on the grounds that the answer mistakenly identifies the owner of the subject property. Plaintiffs have not filed an opposition. LEGAL STANDARD The ...