Excerpt: ...ed back injury on March 3, 2016. Plaintiff alleges that he was thereafter discriminated and retaliated against due to his disability, race, and age. Plaintiff asserts causes of action for (1) discrimination based upon disability; (2) failure to accommodate; (3) failure to engage in the interactive process; (4) discrimination based upon race; (5) discrimination based upon age; (6) retaliation; (7) failure to take all reasonable steps to prevent di...

Excerpt: ...RIAL BACKGROUND This action arises out of a dispute in the operation of Defendant Global Farms Enterprises, Inc. (“Global”). Plaintiffs Shoja Sacha Fattahi (“Shoja”) and Ashkan Fattahi (“Ashkan”), and Defendant Zia Fattahi (“Zia”) are shareholders and directors of Global. Plaintiffs collectively own 30% of the shares of Global, while Zia owns 40% of the shares. (SAC ¶ 8.) Plaintiffs allege that Zia breached his fiduciary duties o...

Excerpt: ...th BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP and successor by April 27, 2009 de jure merger with Countrywide Bank, FSB (“BANA”); Countrywide Home Loans, Inc. (“Countrywide”); and PRLAP, Inc. (“PRLAP”) (collectively, “Defendants”). This action concerns a loan taken against Plaintiff's Property. Plaintiff alleges that the legal description of the Property contains an error affecting the ownership interes...

Excerpt: ...��Brackett”) is alleged to have been Plaintiff's supervisor. DISCUSSION Plaintiff moves to compel the depositions of Brackett and C4K's person most qualified (“PMQ”). Plaintiff contends that attempts to take Brackett's and C4K's PMQ depositions “have been thwarted and/or ignored.” (Mot. at 5.) The subject deposition notices were served on February 25, 2017. However, Plaintiff's motion fails to mention that Defendants served objections t...

Excerpt: ...e court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicti...

Excerpt: ... prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validit...

Excerpt: ...“Cross-Defendants”) demur to the first amended cross-complaint (“FACC”) of Medley Capital Corporation (“Medley”), filed in the consolidated action BC631888. In the FACC, Medley asserts causes of action for (1) breach of fiduciary duty; (2) corporate waste; (3) breach of employment agreement; (4) misappropriation of trade secrets – statutory; (5) misappropriation of trade secrets – common law; (6) unlawful business practices; (7) c...

Excerpt: ...abitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code § 1942.4; and (6) private nuisance. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The ...

Excerpt: ... arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicting rulings on a common issue of law or fact. (CCP § 128...

Excerpt: ...l probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (CRC Rule 2.550(d).) “The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (CRC Rule 2.551(b)(1).) Defendant City of Pasadena (“Defendant”...

Excerpt: ... Marilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; ...

Excerpt: ...ay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba Larry Murakami Contracting (“LMC”). Plaintiff alleges that LMC performed work outside the scope of the court order and invoiced a...

Excerpt: ...prevailing on the motion, pursuant to Section 128.5.” (CCP § 425.16(c)(1).) “A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) Plaintiff Mahvash Mazgani (“Mazgani”) moves for an award of attorneys' fe...

Excerpt: ...5.3, which requires a subpoenaing party to provide notice to consumers before a bank can produce the consumer's personal records. Obviously, Plaintiff cannot provide notice to the account holders since they do not know their identities or contact information. While the Court is cognizant of the requirements of CCP § 1985.3, given the circumstances of this case, compliance with the statute would be impossible. Furthermore, while CCP § 1985.3 is ...

Excerpt: ...003, Plaintiff was appointed as an assistant professor of research within UCLA's Department of Medicine. In 2009, Plaintiff was promoted to adjunct associate professor of medicine, and again in 2011 to adjunct professor, step 1. Plaintiff was responsible for securing funding for his compensation at UCLA through internal grants and extra-mural funding. Plaintiff alleges that once his Division Chief, Dr. Bevra Hahn, announced her retirement in 2012...

Excerpt: ...ngruent Investment Partners, LLC; Congruent Credit Opportunities Fund II, LP; Preston Masset; Richard Craybas; and James Feeley (collectively, “Cross-Defendants”). Miller alleges that Cross-Defendants interfered with his employment contract with Modern VideoFilm, Inc. (“MVF”), and that Medley stepped into the shoes of MVF and is thus liable for breach of the employment agreement. Miller asserts causes of action for (1) intentional interfe...

Excerpt: ... factions regarding the Association's elections held in November 2013. On January 28, 2014, Plaintiffs Larry, Chuck, Wah Chew, and Kim Wong filed a complaint against Association, Nam San Wong and other members of this faction, to enforce a settlement agreement regarding the corporate governance of the Association and to confirm that Larry and Chuck Wong were duly elected officers of the Association. On May 29, 2014, the Fund and the Association (...

Excerpt: ...arida Nassery (the “Nasserys”), and provided a security deposit of $44,000. Plaintiff alleges that Nasserys are indebted to Plaintiff for return of the security deposit, overpayment of rent, and other damages. Plaintiff alleges that the Nasserys subsequently transferred the Property to Defendant Bell Canyon Investment II LLC for no monetary consideration. As set forth in the instant motion, and conceded in the opposition, the dispute pertaini...

Excerpt: ...tiff asserts causes of action for (1) indebutatis assumptsit; (2) unjust enrichment; and (3) breach of verbal agreement. REQUEST FOR JUDICIAL NOTICE Defendant requests judicial notice of (1) her birth certificate; (2) her enrollment verification from Arizona State University; and (3) a copy of the US Department of Education's requirements for Direct PLUS Loans. Defendant's birth certificate was issued by the State of California, and is thus “no...

Excerpt: ... and L & H Medical Group. Defendant Sang Yoon Han allegedly guaranteed these loans. DISCUSSION A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c(c).) There is a triable issue of fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in...

Excerpt: ...lleges that as he was walking down a ramp located on Defendant's property, he slipped and suffered injuries do to wet paint. DISCUSSION “A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” inc...

Excerpt: ...pes of insurance. In 2014, Defendant RMI merged with Defendant Signature Insurance Group, LLC (“SIG”). Plaintiff alleges Defendants engaged in fraud by overcharging Plaintiff through hidden commissions, and issuing a fraudulent indemnity policy. DISCUSSION The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion sh...

Excerpt: .... City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Defendant Uber Technologies, Inc. and Rasier-CA, LLC (“Defendants”) move for an order staying the action and/or transferring it to the Complex Division of this Court. Defendants contend that this action should be stayed pending resolution of three earlier filed actions: (1) O'Connor v. Uber Technologies, Inc., U.S. District Court for the Northern District of California; (2) Del Rio v....

Excerpt: ...Defendant/Plaintiff Haejung Lee (“Lee”). “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages....” (Lee v. Hanley (2015) 61 Cal. 4th 1225, 1240.) Kim alleges that Lee was hired as a sales manager for Ki...

Excerpt: ...AY BACKGROUND Plaintiff Heather Swett (“Plaintiff”) brings this action against her employers, Defendants Eagle Business Performance Services, LLC (“Eagle”) and Pioneer Medical Group (“Pioneer”), and supervisor, Defendant Steve Cantrell (“Cantrell”). Plaintiff asserts causes of action for (1) hostile work environment sexual harassment; (2) failure to take all reasonable steps necessary to prevent and correct harassment and retaliat...

Excerpt: ...APC (“JT Legal”) on December 14, 2015 as a paralegal. In April 2016, Alonzo notified JT Legal of her pregnancy. In May 2016, Alonzo became ill with pregnancy-related complications, including severe “morning sickness”, and advised JT Legal of her condition. Alonzo was terminated on May 13, 2016 during a medical leave of absence. Plaintiff Yanez was hired in 2014 to work for both JT Legal and Defendant National <0015001300140019000f00 00490...

Excerpt: ...Jenous Tootian, Edmond Melamed, and Rozita Safeipour. Defendants allegedly defaulted on the loan. Plaintiff asserts causes of action for (1) breach of loan agreement and enforcement of promissory note; (2) breach of the implied covenant of good faith and fair dealing; and (3) judicial foreclosure. EVIDENTIARY OBJECTIONS Pursuant to CCP § 437c(q), “the court need rule only on those objections to evidence that it deems material to its dispositio...

Excerpt: ...arilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3...

Excerpt: ...unless the court finds that the party does not have a substantial interest in the case as a whole. . . .” (CCP § 36(b).) Plaintiff Ethan Chavez (“Ethan”), who is under the age of 14, moves for a trial preference. This action arises out of an incident in which an automobile allegedly ran over Plaintiff Ethan's foot. Plaintiff Ruben Chavez (“Ruben”), Ethan's father, witnessed the incident. Plaintiff Ethan asserts claims for physical inju...

Excerpt: ...ency Medical Group, Inc. (“REMG”) as Doe Defendants, and to assert additional causes of action. Plaintiff brings this motion on the grounds that she did not know the true names of the Doe Defendants at the outset of the case. The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion should be exercised liberally in ...

Excerpt: ...afety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders ...

Excerpt: ...ake, inadvertence, surprise, or excusable neglect. Application for this relief. . . shall be made within a reasonable time, in no case exceeding six months. . . .” (CCP § 473(b).) Defendants Ishay Kohen and YKS Construction, Inc. move to set aside the defaults entered on November 14, 2017. Default was previously entered against the moving parties, but was set aside by stipulation. The stipulation setting aside the prior defaults required Defen...

Excerpt: ...afety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders ...