Excerpt: ...ed 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 dextro...

Excerpt: ...ment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) violation of Civil Code section 1942.4; (6) unfair business practices; and (7) constructive eviction. Plaintiffs are various tenants residing in the subject property, and Defendants are allegedly the owners or managers of the property. Plaintiffs allege that they have consistently complained to Defendants about num...

Excerpt: ... on July 29, 2023, the Court entered default judgment for Plaintiff in the amount of $8,890.53. On December 8, 2023, Defendant filed the instant motion to set aside the default. Plaintiff has not filed an opposition. LEGAL STANDARD “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadverten...

Excerpt: ... 2023, Defendants Jeffrey Breitman and Marla Breitman filed the instant motion to quash service of summons. Plaintiff filed his opposition on January 5, 2023. Defendants filed their reply on January 11, 2024. LEGAL STANDARD “[T]he court in which an action is pending has jurisdiction over a party from the time summons is served on him as provided by Chapter 4 (commencing with Section 413.10).” (Code Civ. Proc, § 410.50(a).) “[A] court acqui...

Excerpt: ...Amended Complaint, 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 le...

Excerpt: ...rance policies. JRK is a real estate investment company that owns various hotel and apartment properties. Defendants contend that COVID-related business losses are not covered by the policies. Defendants moved for judgment on the pleadings on the grounds that the language of the policies precludes Plaintiff's recovery. On April 18, 2022, the Court partially granted the MJOP, finding that the presence of COVID on Plaintiff's premises cannot cause ...

Excerpt: ...uciary duty, (2) intentional fraud, (3) negligent misrepresentation, (4) elder abuse, (5) financial elder abuse, (6) intentional infliction of emotional distress, (7) negligence, and (8) unfair competition. On December 13, 2023, Defendant Lai filed the instant motion for protective order to preclude discovery into her romantic and sexual life, as well as her financial and business dealings with third parties. Plaintiffs filed their opposition on ...

Excerpt: ...the instant motion to compel arbitration. Plaintiff filed his opposition on December 28, 2023, one day late. Nonetheless, Defendant was able to file a substantive reply on January 3, 2024. Therefore, the Court will proceed on the merits. 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 aris...

Excerpt: ... owned or managed the property at various times throughout Plaintiffs' tenancy. The operative Third Amended Complaint was filed on June 7, 2023. The action now involves sixty-one Plaintiffs. On November 27, 2023, Plaintiffs filed the instant motion for sanctions against Defendant Mashcole Property Management, Inc. based on Defendant's failure to properly respond to discovery after a court order. Defendant filed its opposition on December 27, 2023...

Excerpt: ...l 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 Prope...

Excerpt: ...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. CytoGuard is a cultur...

Excerpt: ...t Moving Party: Judgment Debtor Dr. Leevil SPE LLC Resp. Party: None SUBJECT: Objection to Proposed Judgment, Request for a Hearing if the Objection is not Sustained Moving Party: Judgment Debtor Dr. Leevil, LLC Resp. Party: None The Motion for Reconsideration is DENIED. The Motion to Quash is GRANTED. The Order for Appearance and Examination on Michael Schlesinger is QUASHED. Dr. Leevil SPE LLC's Objection and Dr. Leevil, LLC's Objection are OVE...

Excerpt: ...e First Amended Complaint on July 31, 2023. Plaintiff alleges that the dealer failed to transfer title to her as promised. As a result, Plaintiff was unable to sell the vehicle. By the time Plaintiff received the title, the vehicle had decreased in value. Plaintiff also alleges that the vehicle had not been previously used as a rental as the dealer represented, but was instead used as a rideshare. On November 27, 2023, Defendants filed the instan...

Excerpt: ...) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. On October 6, 2023, the Court partially sustained a demurrer to the complaint, giving Plaintiffs leave to amend their claims for intentional and negligent misrepresentation. On October 26, 2023, Plaintiffs filed the operative First Amended Complaint, assert...

Excerpt: ...ant's phone records. Plaintiff filed her opposition on December 20, 2023. Defendant filed his reply on December 26, 2023. Plaintiff filed an additional opposition to Defendant's reply on December 27, 2023. This additional opposition is improper and will not be considered. 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, up...

Excerpt: ...anuary 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 severe i...

Excerpt: ...ed the instant motion to compel arbitration. Plaintiff filed his opposition on December 19, 2023. Defendants filed their reply on December 26, 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 enforceabl...

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: ...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: ...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: ...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: ...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: ...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: ..., (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: ...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: ...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: ...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: ...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: ...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: ...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...