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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...

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: ...(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: ... 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...