Excerpt: ...on. Plaintiff 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 Plaintiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross-complaint against Plaintiff, Sachin...

Excerpt: ...laintiff filed her opposition on December 19, 2023. Defendant filed its reply on December 26, 2023. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs o...

Excerpt: ... all persons claiming interest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Pr...

Excerpt: ...cho and mother-in-law of Mr. Camacho. The action concerns real property located in Los Angeles. Plaintiff alleges that she is the owner of the home. Plaintiff is an 84-year-old widower with multiple health issues and only speaks Spanish. In early 2022, Defendants allegedly proposed that in exchange for Plaintiff selling the property to Defendants, Defendants would assist in renovating the property and care for Plaintiff for the remainder of her l...

Excerpt: ... Wellness Group, LLC, and York Healthcare & Wellness Centre, LP. The complaint asserts causes of action for (1) elder abuse and neglect, (2) violation of resident rights, and (3) wrongful death. The complaint arises from Plaintiff Gonzalez's injuries and eventual death allegedly sustained as a result of improper care at a skilled nursing facility. On November 14, 2023, Defendants filed the instant motion for judgment on the pleadings against the ...

Excerpt: ...usic, Inc. Defendants prevailed in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp...

Excerpt: ...ition on November 28, 2023. Defendant filed its reply on December 4, 2023. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent o...

Excerpt: ...umerous instances of other deputies using racial slurs against him. On November 13, 2023, Plaintiff filed the instant motion to obtain personnel records pertaining to himself and Deputy Errol Payne. Defendant filed its opposition on November 27, 2023. Plaintiff filed his reply on December 1, 2023. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive mea...

Excerpt: ...1, 2022. The FAC asserts (1) Labor Code retaliation, (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...

Excerpt: ...il 25, 2021, Plaintiff purchased a new 2021 Jeep Wrangler (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song-Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Section 1780(e) : “[t]...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...sh that he may freely compete against Defendants by soliciting clients from his former employment for Defendants, despite restrictive covenants contained in agreements between the parties. Plaintiff alleges that the covenants are void and unenforceable under California law. Plaintiff also alleges that the forum selection provisions are unenforceable because they violate California's public policy. On November 6, 2023, Defendants filed the instant...

Excerpt: ...ir against Defendant VOLKSWAGEN SANTA MONICA (VWSM). On October 18, 2023, Defendants filed their demurrers to the Complaint. Defendants argue that the negligent repair claim, cause of action five, is barred by the economic loss rule. 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 i...

Excerpt: ...aud. Plaintiff alleges that the parties entered into a settlement agreement in August 2019. (Compl. ¶ 8, Ex. 1.) Defendants allegedly breached the agreement's confidentiality provision by disclosing the settlement without Plaintiff's consent during a trial of a previous case between the parties (LC107612). (Id., ¶ 15.) The breach allegedly contributed to Defendants' victory in the prior trial and cost Plaintiff the opportunity to sell his inter...

Excerpt: ...unfair business practices; (3) constructive discharge; and (4- 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contractor. Desai init...

Excerpt: ...rly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Bolt EUV (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to...

Excerpt: ...h of contract and (2) breach of the implied covenant of good faith and fair dealing. Plaintiffs operate an insurance brokerage that obtains insurance for retail businesses. (Compl. ¶ 2.) Plaintiffs were sued in July 2021 by operators of a bar in Los Angeles (Underlying Action). (Ibid.) Plaintiffs allege that their insurance policy with Defendant covers claims such as those made in the Underlying Action. (Id., ¶ 3.) Defendant allegedly accepted ...

Excerpt: ...the covenant of good faith and fair dealing, and (5) conversion. After a court trial on March 28, 2023, the Court granted judgment in favor of Defendant on April 21, 2023. On October 9, 2023, Defendant filed a Memorandum of Costs After Judgment (MOC), claiming $7,945 in costs. On October 27, 2023, Plaintiff Herrera filed the instant motion to tax costs. Defendant filed its opposition on November 14, 2023. LEGAL STANDARD Code of Civil Procedure se...

Excerpt: ..., (2) foreclosure of mechanic's lien, (3) violation of Civil Code section 8800, (4) breach of the implied covenant of good faith and fair dealing, and (5) common counts. The complaint arises from unpaid work that Plaintiff, a contractor, performed on the home of Defendant Messer. Plaintiff contracted with Defendants TNT Simmonds and J. Alexander Company to serve as a contractor for the fabrication and erection of structural steel for the build. T...

Excerpt: ...intiff filed her opposition on November 14, 2023. Defendants filed their reply on November 20, 2023. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in ...

Excerpt: ...ming from harassment, discrimination and retaliation, wrongful termination, and wage violations. Plaintiffs allege that they experienced and spoke out against sexual harassment and discrimination, and reported illegal or unsafe working conditions, only to suffer retaliation for doing so. On October 17, 2023, Plaintiffs filed the instant four motions to compel further responses from Defendant Touchstone Golf, LLC to Requests for Production, Form I...

Excerpt: ...on of public policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her. On December 16, 2022, Defendant filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff filed her opposition on November 3, 2023. Defendant filed its reply on November 9, 2023. LEGAL STANDARD The function of a motion for summary judgment or adjudication is...

Excerpt: ...ctive economic advantage, and (4) unjust enrichment. The dispute between the parties stems from an earlier lawsuit, Doe, et al. v. Haddish, et al. (22STCV28473), in which Plaintiff's two children alleged that Defendants sexually abused them during filming of purported skits. Defendants allegedly responded to the lawsuit by publishing false and defamatory statements accusing Plaintiff of extortion. These alleged defamatory statements led to the in...

Excerpt: ...ns and Labor Code penalties, as well as a PAGA claim on behalf of other aggrieved employees. On September 25, 2023, Plaintiff filed the instant motion to compel further responses to her Requests for Production Set One. Defendant filed its opposition on September 25, 2023. Plaintiff filed her reply on November 9, 2023. LEGAL STANDARD On receipt of a response to RFPs, the propounding party may move for an order compelling a further response if the ...

Excerpt: ...ntiff's care at a nursing facility. The operative First Amended Complaint was filed on March 1, 2023 and asserts causes of action for elder abuse, negligence, and violation of the Patient's Bill of Rights. The parties initially stipulated to arbitration based on an arbitration agreement. On October 16, 2023, Plaintiff filed the instant motion to withdraw from arbitration based on Defendants' failure to pay arbitration fees. Defendants filed their...

Excerpt: ...led in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was subst...

Excerpt: ...Holdings) filed this action against Defendant and Cross-Complainant SMG Mountain Intermediate Holdings, LLC (SMG Mountain), asserting a single cause of action for breach of contract. The complaint alleges that SMG Holdings and an individual named Andrew Fromm (the Sellers) entered into an Equity Purchase Agreement (EPA) with SMG Mountain (the Buyer). Under the EPA, SMG Mountain agreed to purchase all outstanding membership interests in SMG Holdin...

Excerpt: ...Health Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed the operative First Amended Complaint on S...

Excerpt: ...ve First Amended Complaint on January 23, 2023, asserting (1) breach of contract and (2) quantum meruit. The FAC alleges that the parties entered into a written fee agreement in 2004, which encompassed representation in several matters. (FAC ¶ 7.) Plaintiff was retained to represent Defendant in business matters related to Defendant's divorce. (Id., ¶ 8.) Around July 2011, Plaintiff left the law firm he was working for and formed his own firm, ...

Excerpt: ...rminated after reporting a manager's inappropriate touching. On October 17, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff filed his opposition on October 30, 2023. Defendants filed their reply on November 3, 2023. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter...

Excerpt: ...payments to be rejected, resulting 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: ...ed the First Amended Complaint, asserting claims for interference with contract, interference with prospective economic advantage, fraud, and constructive trust. Defendants filed two demurrers against the FAC, primarily arguing that Plaintiff's claims to recover her supposed inheritance are subject to the exclusive jurisdiction of the Probate Court. Plaintiff conceded that the Probate Court had exclusive jurisdiction and for that reason requested...

Excerpt: ...efendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges that Plaintiffs invested money to Defendants and that the parties reached a settlement resolving disputes over the amount owed. This action stems from Defendants' alleged failure to pay the amounts required by the settlement a...

Excerpt: ...es that during the parties' relationship, Defendant was abusive and controlling. As a result, Plaintiff alleges that under Defendant's undue influence and coercion, Plaintiff granted title of the two subject properties to both herself and Defendant even though Plaintiff obtained the properties prior to marriage. Plaintiff filed this action to claim legal title to the subject properties. On September 28, 2023, Defendant filed the instant demurrer ...

Excerpt: ... 2021, the case was dismissed without prejudice. The case was restored to active status in October 2022 after the failure of arbitration. The order of dismissal was vacated. The complaint alleges that Defendant did not pay for advertising services provided by Plaintiff. On May 24, 2023, Defendant filed a cross-complaint against Plaintiff, alleging that Plaintiff did not provide the services as promised. On August 6, 2023, the Court sustained Plai...

Excerpt: ...) breach of contract, (2) common count, (3) accounting, and (4) unjust enrichment. The action stems from Defendants' failure to pay for Plaintiffs' shareholder interest in Maureira Construction, Inc. despite an agreement. On July 15, 2022, Plaintiffs obtained a judgment against Defendants in the amount of $71,704.29, which Defendants have not paid. However, Defendants continue to operate the construction company and turn a profit from their exist...

Excerpt: ...hat she suffers from ADHD, making her more susceptible to distraction by visual and auditory stimuli. Plaintiff's requests for accommodation were allegedly dismissed or rejected. Plaintiff alleged that she was retaliated against for requesting accommodations and reporting discrimination. The case was initially assigned to Judge Rupert Byrdsong. A jury trial took place in July 2023, which returned a defense verdict. On August 24, 2023, Judge Byrds...

Excerpt: ...inated against her based on her gender and disability, including being a pregnant woman. On September 29, 2023, Plaintiff filed the instant motion to compel further responses to requests for production. Defendant filed its opposition on October 19, 2023. Plaintiff filed her reply on October 25, 2023. LEGAL STANDARD “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order comp...

Excerpt: ...Plaintiff's claims arise from his purchase of a 2023 GMC Yukon (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspectio...

Excerpt: ...n arise from Plaintiff's purchase of a 2018 Honda Odyssey (Vehicle). Discussion Defendant Honda moves to compel Plaintiffs to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Culver City Honda. (Suarez Decl. Ex. A.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relate to...

Excerpt: ... 496 and (2) conversion. Plaintiff is a researcher, entrepreneur, and chemist who in 2015 was recruited by Defendants Martin and Scott to join Curative Labs Inc. (CLI) as one of the three founders. (Compl. ¶ 1.) Plaintiff allegedly had an agreement with CLI wherein instead of a salary, Plaintiff would receive 20% ownership and cash compensation once the company began earning more revenue. (Id., ¶ 2.) Plaintiff worked to build every aspect of CL...

Excerpt: ...cialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 19, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Production Set One. Defendants filed their oppositions on October 17, 2023. Plaintiff filed replies on October 20, 2023. LEGAL STANDARD “On receipt...

Excerpt: ...; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a business premises from Per Partners starting in October 2007. The lea...

Excerpt: ...ervices, Inc.; California TD Specialists; Qualfax, Inc.; RTI Properties, Inc.; and Peak Foreclosure Services, Inc. The complaint asserts causes of action for (1) accounting, (2) injunctive relief, and (3) breach of contract. The action concerns a property located in Beverly Hills. Although Plaintiffs admittedly defaulted on a loan secured by the property, the complaint alleges that Defendants failed to properly account for payments made and initi...

Excerpt: ...retaliation; (3) discrimination; (4) harassment; (5) failure to prevent; (6) violation of equal pay; and (7) constructive discharge. The action stems from Plaintiff's assertion that she was paid less than her male coworkers. Plaintiff alleges that after she complained about the disparity, Defendant began retaliating against her. Plaintiff alleges that the working conditions became so intolerable that she was forced to resign. On August 22, 2023, ...

Excerpt: ... negligence, (2) warranty of habitability, (3) implied covenant of quiet enjoyment, (4) negligent infliction of emotional distress, (5) excessive collection of rent, (6) tenant harassment, (7) retaliation, (8) collection of rent on untenable dwelling, (9) nuisance, and (10) intentional infliction of emotional distress. Plaintiffs are tenants of two different units at the subject property. (Compl. ¶¶ 1-2.) Defendants are the alleged owners, mana...

Excerpt: ... July 11, 2022. The FAC asserts (1) Labor Code retaliation, (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 ...

Excerpt: ...t Personnel, Inc., seeking penalties for alleged wage violations. On September 15, 2023, Defendants filed the instant motion to compel arbitration of Plaintiff's individual PAGA claims. Plaintiff filed his opposition on October 16, 2023. Defendants' filed their reply on October 20, 2023. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to...

Excerpt: ...ntentional infliction of emotional distress. Additionally, Plaintiff alleges continued emotional distress under her other causes of action. Accordingly, Defendant seeks to conduct an independent mental examination (IME) of Plaintiff. Defendant filed the instant motion to compel IME on October 4, 2023. Plaintiff filed her opposition on October 16, 2023. Defendant filed its reply on October 19, 2023. LEGAL STANDARD “Any party may obtain discovery...

Excerpt: ...vantage, and (4) unjust enrichment. On September 27, 2023, Defendant Haddish filed a motion to compel arbitration. The same day, Defendant Haddish also filed the instant motion to seal the motion to compel arbitration and associated documents. On October 6, 2023, Defendant Spears filed joinders to both motions. LEGAL STANDARD “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550(c)....

Excerpt: ...aud. Plaintiff alleges that the parties entered into a settlement agreement in August 2019. (Compl. ¶ 8, Ex. 1.) Defendants allegedly breached the agreement's confidentiality provision by disclosing the settlement without Plaintiff's consent during a trial of a previous case between the parties (LC107612). (Id., ¶ 15.) The breach allegedly contributed to Defendants' victory in the prior trial and cost Plaintiff the opportunity to sell his inter...

Excerpt: ...Solarzano. On September 27, 2023, Defendant Route 66 filed the instant motion to compel arbitration of Plaintiff's individual PAGA claim and stay the representative claims. Plaintiff filed her opposition on October 10, 2023. Defendant filed its reply on October 16, 2023. LEGAL STANDARD The Federal Arbitration Act (FAA) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a...

Excerpt: ... the First Amended Complaint on September 18, 2020, asserting the same three causes of action. On January 13, 2021, the Court sustained Defendant's demurrer to all three causes of action in the FAC without leave to amend and thereafter entered judgment accordingly. Plaintiff appealed. On April 7, 2023, the Court of Appeal issued an opinion affirming this Court's order as to the first and second causes of action and reversed the order as to the th...

Excerpt: ...insurance contract, (2) breach of the covenant of good faith and fair dealing, and (3) elder abuse. According to the complaint, Plaintiffs own a home located in Tujunga, California. (Compl. ¶ 1.) The home was insured by a homeowners insurance policy issued by Defendant Hippo Insurance Services, which is owned and underwritten by Defendant Spinnaker Insurance Company. (Ibid.) In December 2021, the home suffered wind and water intrusion, leading P...

Excerpt: ...ngeles, various departments therein, and various individuals. Plaintiff alleges that she was mistreated and harassed based upon her race, national origin, color, ethnicity, age, and physical disability. On September 12, 2023, the County and the individual defendants (with the exception of Lisa Wong and Holly Mitchell) filed the instant demurrer and motion to strike against the FAC. Plaintiff filed her opposition on October 11, 2023. Defendants fi...

Excerpt: ...old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 that was due upo...

Excerpt: ...lity, (2) breach of the implied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. C...

Excerpt: ...ialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 14, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Admission Set One. Defendants filed their oppositions on September 27, 2023. Plaintiff filed replies on October 4, 2023. LEGAL STANDARD “On receipt ...

Excerpt: ...lied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dext...

Excerpt: ...ver 40 years old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 tha...

Excerpt: ... contract, (2) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. Plaintiffs own and reside in the subject property located in Los Angeles. (Compl. ¶ 1.) Plaintiffs bring this action against the developer (Advance Home Improvement, Inc.), seller (Moorpark USA, LLC), and CEO of the developer (Amnon Edri). (Id...

Excerpt: ...s Inc. Plaintiff Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be...

Excerpt: ...motion to detective due to discrimination against his disabilities. Plaintiff alleges that he was falsely accused of DUI and arrested because Defendant is aware he takes prescribed medication for prior injuries and conditions. Defendant allegedly used this as a pretext to block Plaintiff's promotion to detective. Plaintiff was ultimately suspended for 22 days without pay. Upon return, Plaintiff was involuntarily transferred to a different station...

Excerpt: ...violations. On August 30, 2023, Plaintiff filed the instant motion to compel further responses to Form Interrogatories. Defendant filed a belated opposition on September 19, 2023. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2...

Excerpt: ...e wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classify or pay Plaintiff as an emp...

Excerpt: ...discrimination; (2) retaliation; (3) failure to prevent; (4) failure to accommodate; (5) failure to engage; (6) wrongful termination; (7) violation of CFRA; (8) interference with CRFA rights; (9) defamation; (10) violation of Labor Code section 1102.5; (11) section 226; and (12) section 98.6. Plaintiff alleges that he was wrongfully terminated in December 2020 after requesting leave for a COVID infection. (FAC ¶ 8.) Plaintiff claims that he was ...

Excerpt: ... for Admission, and Requests for Production. The motions were heard on August 16, 2023, wherein the Court accepted Plaintiff's representation that she was not served with the motions but deemed the motions served as of August 16 and ordered Plaintiff to respond to the subject discovery within 30 days. Sanctions were denied. The Court also ordered the motions to be sealed because certain exhibits filed in support of the motions contained Plaintiff...

Excerpt: ...er 18, 2021, asserting breach of contract, trespass, conversion, fraud, and unjust enrichment. On September 3, 2021, Defendants filed a cross-complaint against Plaintiff for breach of contract, unlawful retention of security deposit, unjust enrichment, and conversion. The matter came on for a court trial from May 2-4, 2023, after which the Court entered judgment: (1) for Plaintiff Crocker & Towne Wholesale Mart, LLC against Defendants Ki Whan Pak...

Excerpt: ...FAC asserts causes of action for: (1) negligence; (2) breach of the warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) private nuisance; (5) unfair business practices; (6) conversion; and (7) intentional infliction of emotional distress. Beginning in March 2019, Plaintiff was a tenant in the Subject Property owned and managed by Defendants. (FAC ¶¶ 10-11.) Plaintiff alleges that during her tenancy, she was subject to m...

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

Excerpt: ...rer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (Code Civ. Proc., § 430.30, subd. (a).)...

Excerpt: ...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 in October 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulte...

Excerpt: ... a slip and fall. (Compl. ¶ 7-8.) Plaintiff sued the Regents of the University of California (Regents) in the underlying action, asserting premises liability and general negligence. (Id., ¶ 8.) The underlying action was dismissed on summary judgment. (Id., ¶ 12.) Plaintiff alleges that Defendants were negligent because they improperly pled the facts of Plaintiff's accident by misidentifying the substance he slipped on as a “liquid substance�...

Excerpt: ...t stems from a lease agreement between landlord Plaintiff and tenant Defendant Lagree Underground, which runs a pilates studio at the location. Defendant Grenier is the guarantor of Lagree's lease with Plaintiff. Plaintiff alleges that Defenant Lagree defaulted on its rent obligations and that Grenier defaulted on his guaranty. Defendants maintain that their performance was rendered impossible or frustrated by government shutdowns in response to ...

Excerpt: ... asserts (1) Labor Code retaliation, (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,...

Excerpt: ...rted mismanagement of Plaintiff. The complaint alleges that Defendant 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 ...

Excerpt: ... warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose...

Excerpt: ...fendant 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 highe...

Excerpt: ...Milburn Properties, LLC. Through his membership interest in the LLC, Plaintiff also claims a 50% interest in certain real property, investments, and accounts. Through this action, Plaintiff seeks an involuntary dissolution of the LLC and partition by sale of the property, investments, and accounts. On November 19, 2021, Defendant filed a cross-complaint alleging (1) breach of fiduciary duty, (2) conversion, (3) involuntary dissolution, (4) breach...

Excerpt: .... The SAC is filed by Plaintiffs Franklin Armory, Inc. (FAI) and California Rifle & Pistol Association (CPRA) against Defendants California Department of Justice (DOJ) and Xavier Becerra (Becerra). FAI is a federally-licensed firearms manufacturer that manufactures a series of firearms which are neither “rifles,” “pistols,” nor “shotguns” as defined by California law. (SAC ¶ 2.) FAI designates these firearms as “Title I” firearms...

Excerpt: ...(2) trespass, (3) negligence, (4) nuisance, (5) fraud, (6) intentional infliction of emotional distress, and (7) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an...

Excerpt: ...eges that in 2020, he was audited by the Franchise Tax Board (FTB) for his 2015 and 2017 taxes. (Compl. ¶ 9.) Plaintiff hired Defendants to handle this matter. (Id., ¶ 10.) Plaintiff alleges that Defendants regularly missed deadlines to respond or provide information to the FTB, resulting in erroneous assessments of Plaintiff's taxes. (Id., ¶¶ 13-18, 27-30.) Defendants also allegedly missed the deadline to appeal the 2015 audit despite tellin...

Excerpt: ...f contract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Duarte alleg...

Excerpt: ... warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose...

Excerpt: ...nt part as follows: On July 13, 2015, Plaintiff purchased a new 2021 Mercedes S580 (“Vehicle”) manufactured by Mercedes. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song-Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil ...

Excerpt: ...Defendant 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 hig...

Excerpt: ...nneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negli...

Excerpt: ... filed January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The incident allegedly left Plaintiff with ...

Excerpt: ...tiff's purchase of a 2022 Mercedes Benz C300W (Vehicle). Discussion Defendant Mercedes moves to compel Plaintiffs to submit this action to binding arbitration. Merecedes presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Fletcher Jones Motorcars of Fremont. (Ameripour Decl. Ex. 2.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of ...

Excerpt: ...age records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classify or pay Plaintiff as an employ...

Excerpt: ...fendants failed to pay a JAMS invoice needed to continue the arbitration. The Court thereafter granted Plaintiff's motion to withdraw from arbitration. On August 3, 2023, Plaintiff filed the instant motion for sanctions in connection with the withdrawal from arbitration. Defendants filed their opposition on August 15, 2023. Plaintiff replied on August 21, 2023. LEGAL STANDARD “In an employment or consumer arbitration that requires, either expre...

Excerpt: ...ees and costs that SORT obtained against the County in a CEQA case. SORT filed an amended petition on November 16, 2021. The underlying dispute stems from a development project by Real Parties in Interest Doug Gaudi, Joanna Gaudi, Paul Zerounian, and Robert Friedman (collectively, Real Parties.) The County approved Real Parties' applications for two land use entitlements in connection with the project. SORT challenged the County's project approva...

Excerpt: ...rumer. The SAC asserts causes of action for (1) legal malpractice, (2) accounting malpractice, (3) breach of fiduciary duty, (4) fraudulent concealment, and (5) financial elder abuse. Defendant Lanning and his law firm represented Plaintiff for over thirty years in connection with estate planning. However, unbeknownst to Plaintiff, Defendants also began representing Plaintiff's son, Shervin. Defendants did not disclose this conflict of interest a...

Excerpt: ...t Defendant 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 h...

Excerpt: ...t stems from the allegation that Defendants have maintained their property in a way that has resulted in water intrusion onto Plaintiffs' property. On July 3, 2023, Defendants filed the instant motion to strike punitive damages from the complaint. Plaintiffs filed their opposition on July 17, 2023. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of t...

Excerpt: ... terminated Plaintiff as retaliation for Plaintiff's complaints regarding COVID safety. The operative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310, 6311, 1102.5, 232.5, and Business and Professions Code section 17200. On February 24, 2023, Defendant filed a motion for summary judgment. The motion was initially set to be heard on May 10, 2023. However, the motion was continued to June 21,...

Excerpt: ... Kay (Kay), and Does 1 through 10, alleging 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 Disney from the 1980s until ...