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: ...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: ... 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 ...

Excerpt: ...e devices of visitors to its website. Plaintiff alleges that she visited Defendant's website in 2023, whereupon Defendant accessed Plaintiff's device and installed “pen register” and “trap and trace” tracking software. The complaint asserts a single cause of action under CIPA, or Penal Code sections 630 et seq. Plaintiff alleges economic injury and intangible injury to her dignity. Plaintiff alleges that she is entitled to statutory damag...

Excerpt: ...iscrimination 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 November 22, 2023, the Court granted Plaintiffs' motions to compel Touchstone Golf to produce further responses as to requests for production, interrogatories, and requests for admi...

Excerpt: ...ty, (2) conversion, (3) negligence, (4) receiving stolen property, (5) violation of corporate securities law, and (6) unfair competition. Plaintiff alleges that Defendant is wrongfully retaining his bitcoin. On January 9, 2024, Defendant filed the instant demurrer to the FAC. Plaintiff filed his opposition on February 22, 2024. Defendant filed its reply on February 28, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading state...

Excerpt: ...stant demurrer to the complaint. Plaintiff filed its opposition on February 23, 2024. The hearing on the demurer was advanced to March 1, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states a cause of action or defense. ( 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...

Excerpt: ...tion 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 Holdings. As part of the tra...

Excerpt: ...ate is $22,699.91. Defendant is the sole member and CEO of Strategic Merchant Partners LLC (Strategic). Plaintiff presently moves to add Strategic as a judgment debtor on the grounds that it is Defendant's alter ego. Plaintiff argues that Defendant is using Strategic to hide assets from collection. There is no opposition to the motion. LEGAL STANDARD “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on ...

Excerpt: ...iled on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportunity to te...

Excerpt: ...rner. The FAC asserts causes of a ction for (1) fraudulent inducement, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. The dispute stems from a joint venture to distribute COVID tests in 2020. Plaintiffs owned KorvaLabs, Inc., a laboratory with the capability and infrastructure to develop and distribute COVID tests. Defendant Curative, whose CEO is Defendant Turner, partnered with KorvaLabs, and the ...

Excerpt: ...iency 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).) A demurrer t...

Excerpt: ...or (1) harassment, (2) discrimination, (3) FEHA retaliation, (4) whistleblower retaliation, (5) failure to take corrective action, (6) violation of POBR, and (7) failure to accommodate. Plaintiffs Sandoval and Parra are Hispanic and allege that they were harassed and discriminated against due to their race. Parra additionally alleges harassment and discrimination based on her gender. Grant and Sandoval are also over 40 and disabled. Plaintiffs ad...

Excerpt: ...r 27, 2023 and January 4, 2024, Plaintiff filed three motions to compel further responses to its Special Interrogatories (Sets Two and Three) and its Requests for Production (Set Two). On January 5, 2024, Defendant filed a motion for protective order pertaining to the same requests. The parties filed their respective oppositions to each motion on February 6, 2024. The parties filed their replies on February 13, 2024. LEGAL STANDARD Upon receiving...

Excerpt: ...g 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 Property in her na me ...

Excerpt: ...Plaintiff filed the operative First Amended Complaint (FAC) o n August 2, 2021, asserting causes of action for (1) discrimination, (2) harassment, and (3) retaliation. Plaintiff alleges that in August 2018, he was hired by LADWP into its electrical apprentice program but was subjected to discrimination, harassment, and retaliation by Williams and other employees, which culminated in his termination in February 2020. Plaintiff alleges that he was ...

Excerpt: ... deal related to the operation of a restaurant. The FA C asserts claims for dissolution, accounting, unlawful business practice, negligence, fiduciary duty, fraud, and conversion against various corporate and individual defendants. On November 28, 2023, default was entered against Defendants US GC Investment LP, Fu & Sons Investment Capital LLC, and New Prosperity LLC. However, the Court has concurrently granted Defendants' motion to vacate the d...

Excerpt: ...nts with the Schon Tepler name. The complaint asserts (1) breach of contract, (2) open book account, (3) account stated, and (4) reasonable va lue. The dispute stems from a debt that Schon Tepler allegedly owes to State Compensation Insurance Fund (SCIF) arising from two workers compensation insurance policies. Schon Tepler allegedly defaulted on premium payments. SCIF assigned the debt to CAB for collection purposes. On August 16, 2023, Schon Te...

Excerpt: ...h Center) and SEIU Local 721. The complaint was labeled as one for discrimination a nd 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 her First Amended Complaint on September 8, 20...

Excerpt: ...laims arising from discrimination, retaliation, and wage violations. On November 3, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff filed her opposition on February 2, 2024. Defendants filed their reply on February 8, 2024. 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 th...

Excerpt: ...nt was filed on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportuni...

Excerpt: ...ting causes of action for (1) legal malprac tice, (2) breach of fiduciary duty, and (3) fraud. On December 8, 2023, the Court granted Defendant Wilshire Law Firm's motion to compel further responses to Requests for Admission Nos. 27, 28, 33 and the associated Form Interrogatory No. 17.1. Plaintiff served supplemental responses on December 23, 2023, which Defendant contends are still inadequate. On January 22, 2024, Defendant Wilshire Law Firm fil...

Excerpt: ...tion to quash a subpoena issued to nonparty Preferred Bank. Defendants filed their opposition on January 31, 2024. Plaintiff filed its reply on February 6, 2024. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or...

Excerpt: ...ecords; (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. 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 contracto...

Excerpt: ...d 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 substit...

Excerpt: ...alleging the following causes of action: (1) breach of contract; (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 busine...

Excerpt: ... the Song-Beverly Act. BMW of North America is the only remaining Defendant. On February 28, 2022, this Court granted BMWNA's motion to compel arbitration. The parties thereafter initiated arbitration with JAMS, but subsequently stipulated to return to court. On December 22, 2023, Defendant BMWNA filed a motion to stay the proceedings pending the California Supreme Court's review of the appellate decision in Rodriguez v. FCA US, LLC (2022) 77 Cal...

Excerpt: ... & Klein. Plaintiffs filed the operative First Amended Complaint on January 12, 2021, asserting causes of action for (1) trade libel/slander, (2) intentional and (3) negligent interference with prospective economic relations, (4) interference with contractual relations, (5) unfair competition, (6) intentional infliction of emotional distress, and (7) negligent supervision. The FAC alleges the following pertinent facts. The dispute centers around ...

Excerpt: ...ealth 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 her First Amended Complaint on September 8,...

Excerpt: ...tract, (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 allegedly ...

Excerpt: ...o establish 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. Defendants moved to dismiss based on for...

Excerpt: ...ity. This action is brought by Decedent's successor-in-interest and Decedent's minor children through a guardian ad litem against County of Los Angeles, Deputy De La Rosa, and Deputy Mercedia Booza. The operative First Amended Complaint was filed on November 3, 2022. On September 22, 2023, Defendant County of Los Angeles served a records subpoena to ustaffing Support Inc. (Ustaffing), Decedent's former employer. Ustaffing has refused to produce d...

Excerpt: ...2021. On March 29, 2023, AAA issued an invoice for $23,700 to Defendant, with a deadline of October 24, 2023. To date, Defendant has not paid the arbitrator fee. On January 9, 2024, Plaintiff filed the instant motion to withdraw from arbitration. Defendant filed a notice of non-opposition on January 25, 2024. LEGAL STANDARD “In an employment or consumer arbitration that requires . . . the drafting party to pay certain fees and costs before the ...

Excerpt: ...duciary duty, (2) professional negligence, (3) injunctive relief, (4) constructive fraud, (5) embezzlement, (6) conversion, (7) receipt of stolen property, and (8) accounting. The complaint alleges that Defendants, as attorneys, concurrently represented Plaintiff and two of Plaintiff's minority shareholders even though Plaintiff and the shareholders had conflicting interests. On January 3, 2024, Defendants filed the instant motion to compel arbit...

Excerpt: ...to Judge Keosian in Department 61. According to the complaint, Plaintiff had an insurance policy with Defendant that was in effect from May 2015 to May 2016. In March 2016, Plaintiff was sued in a dog attack case (Peroff Action), and she alleges that Defendant failed to properly investigate the claim, failed to tender a defense, and failed to indemnify Plaintiff. Plaintiff ultimately settled the Peroff Action for $15,528.13 and also incurred atto...

Excerpt: ...ch of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) money lent. On November 2, 2022, the Court granted default judgment for Plaintiff against both Defendants in the total amount of $614,423.47. On December 22, 2023, Plaintiff filed the instant motion for assignment of payment rights. Defendants have not filed an opposition. LEGAL STANDARD “[U]pon application of the judgment creditor on noticed motion, the ...

Excerpt: ...ntiff's individual PAGA claims but deferred ruling on Defendants' request to dismiss the representative PAGA claims pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104. The Court stayed the representative PAGA claims. The Supreme Court subsequently ruled in Adolph that a plaintiff does not lose standing to pursue representative claims simply because her individual claims are compelled to arb...

Excerpt: ... on June 8, 2023. The Complaint asserts causes of action for violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Tahoe (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 ...

Excerpt: ...d fair dealing, fraud, breach of implied warranty, violations of the Business and Professions Code, negligence, and elder abuse. On December 27, 2023, Defendants Sunlight Financial and Cross River Bank filed the instant motion to compel arbitration. Plaintiff has not filed an opposition. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to ...

Excerpt: ...lutions, Inc. (TURSS) was subsequently identified as Doe 1. The complaint asserts causes of action for: (1) violation of ICRAA; (2) invasion of privacy; and (3) declaratory relief. Plaintiffs allege that their privacy has been violated through investigative consumer reports obtained by Defendants in association with Plaintiffs' rental applications. On April 24, 2023, this case was deemed related with numerous other cases against Equity, with the ...

Excerpt: ...perty located in Oceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On March 4, 202...

Excerpt: ...(3) negligence. The complaint stems from the death of Decedent, who committed suicide inside a Marriott hotel room. Plaintiff is Decedent's daughter. (Compl. ¶ 1.) On February 24, 2022, Decedent checked into the hotel amidst a mental health crisis. (Id., ¶ 22.) Upon becoming concerned that Decedent did not appear for a scheduled visit, Decedent's relatives contacted the Moorpark Police Department, which was staffed and operated by the Ventura C...

Excerpt: ...ng, (2) breach of contract, and (3) money due and owing. On December 22, 2023, Plaintiffs filed the instant motion to compel the deposition of Defendant Emerald's PMQ. Defendant filed its opposition on January 8, 2024. 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, wi...

Excerpt: ...f good faith and fair dealing. Plaintiff alleges that USAA failed to properly cover his medical costs after he was injured in an auto accident. On November 2, 2023, Defendant USAA Casualty Insurance Company filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an ...