Excerpt: ...tion proceeding and were awarded ownership of Borisoffs past and future royalties and attomey fees of S67, 866 _ 13 _ On October 3 2013 Defendants petitioned the Court to confirm the award, which the Coun 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 substituted as Borlsoffs successor in i...

Excerpt: ...n for malicious prosecution. The Complaint alleges that Defendants acted without probable cause in bringing to trial their underlying medical negligence and medical battery action in the case Ying Hong Zhang v. Kenneth Purdom, MD. with case number 18STCV06553_ Plaintiff argues that Defendants acted maliciously by intentionally proceeding to trial knowing that they did not have a qualified expert to opine on essential causes of action, causing Pla...

Excerpt: ...le indemnity, (4) unjust enrichment, (5) money had and received, and (6) declaratory relief Plaintiffs allege that they owned the subject property (the Property) with Defendant as joint tenants beginning in 2007 _ (CompL 11.) In 2008, Defendant was in financial trouble: and Plaintiffs agreed to give Defendant S252000 in exchange for Defendant' s interest in the Property. (ld.: 13 _ ) For some unknown reason: the grant deed that supposedly conveye...

Excerpt: ...itration 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 substituted as Borisoff's suc...

Excerpt: ...erest 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 name and ho...

Excerpt: ...erty. Defendants Willwerth and Gordon filed separate but identical answers labeled “Response to Summons” on February 28, 2023 and March 6, 2023, respectively. On March 10, 2023, Plaintiffs filed the instant motion for judgment on the pleadings against Defendants' answers. LEGAL STANDARD A motion for judgment on the pleadings may be made on the same grounds as those supporting a general demurrer, i.e., that the pleading fails to state facts su...

Excerpt: ...ustained Defendant's demurrer to the fraud claim pursuant to the economic loss rule. However, on January 23, 2023, the Court granted reconsideration of the order in light of the Court of Appeal decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, which held that the economic loss rule does not bar fraudulent inducement claims. Plaintiff filed the operative First Amended Complaint on February 10, 2023, asserting a fraud clai...

Excerpt: ...ustained Defendant's demurrer to the fraud claim pursuant to the economic loss rule. However, on January 23, 2023, the Court granted reconsideration of the order in light of the Court of Appeal decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, which held that the economic loss rule does not bar fraudulent inducement claims. Plaintiff filed the operative First Amended Complaint on February 10, 2023, asserting a fraud clai...

Excerpt: ... the complaint. 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 on the face of the pleading or by proper judicial notice. (C...

Excerpt: ...KT), Technijan, Inc. (Technijan), Brandon Brooks (Brooks), Greg Bisel (Bisel), and Amnon Band. EFD is a supplier of motion picture equipment and services to film and television productions. Teran is the founder of EFD. This dispute stems from EFD's allegations about fraudulent and other improper charges by its major supplier and others regarding equipment financing transactions. The operative First Amended Complaint (FAC) was filed November 21, 2...

Excerpt: ...ant Levine was allegedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, the trustee of Levine's estate, as a Defendant. On January 13, 2023, the Court granted Defendant Manalo's demurrer to the FAC on statute of limitations grounds but granted leave to amend for Plaintiff to allege equitable estoppel. On February 2, 2023, Plaintiff filed the operative...

Excerpt: ...ion against Defendants James Campbell Productions, Inc. and Bloomingdales, LLC for unpaid wages following a fashion show. Defendant Campbell has cross-complained for indemnity against the talent agencies that provided the models, alleging that Campbell exclusively contracted with the agencies and paid the money to the agencies. The cross-complaint alleges that it was the agencies' negligence that caused Plaintiffs' damages. Cross-Defendant LA Mod...

Excerpt: ...use), asserting various claims arising from defective construction performed on Plaintiffs' home. The complaint alleges causes of action for: (1) breach of contract; (2) fraud; (3) accounting; (4) negligence; (5) fraudulent inducement; (6) ultra vires; and (7) intentional infliction of emotional distress. According to the allegations, Plaintiffs hired Brouse, an architect, to design and implement the remodeling plan, as well as recommend an appro...

Excerpt: ...le cause of action for age discrimination based on Plaintiff's termination from the Police Chief position. On March 7, 2023, Defendant filed the instant motion to compel Plaintiff's responses to Requests for Production, Set Two. Defendant had previously propounded interrogatories seeking information on Plaintiff's damages. Plaintiff objected to the interrogatories on the grounds that they required expert analysis and Plaintiff had not retained an...

Excerpt: ...omplaint is about an alleged sublease between Plaintiff and Defendant for Defendant to occupy a commercial property in Los Angeles. (Compl_ 11.) According to the sublease, the term of Defendant's occupancy was to be January 15, 2021 to January 31, 2022. (ld., 14.) Upon execution of the contract, Defendant was to pay $252000 directly to the master lessor, consisting of a security deposit and approximately one month rent. (ld 15.) Defendant was the...

Excerpt: ...gal malpractice, (2) breach of fiduciary duty, and (3) fraud. On February 1 2023 Plaintiff filed the instant four motions to compel further responses from Defendants as to Requests for Production and Form Interrogatories. LEGAL STANDARD Upon receiving responses to requests for mspection or interrogatories, the propounding party may move for an order compelling fiurther responses if the party finds that an objection is uithout merit or an answer i...

Excerpt: ...Molina) and NINICHR_ Inc. (NIMC) Plaintiff worked as an insurance biller at Molina. Plaintiff took a leave of absence allegedly due to stress caused by a hostile work environment Molina was purportedly unable to accommodate continuous extensions of Plaintiff s leave and tenninated Plaintiff N'INIC is a human resource company retained by Molina to handle HR matters. On December 9, 2022, N,IMC filed the instant motion for summary judgment, arguing ...

Excerpt: ...d Complaint ("FACE) filed on January 13: 2021. The FAC alleges causes of action: (1) retaliation in violation of Health and Safety Code section 1278 5; and (2) whistleblower retaliation in violation of Labor Code section 1102_5_ The matter was tried by the Coun from October 20, 2022, to Ncnember 1, 2022. On December 16: 2022: the Court issued a statement of decision finding Defendant liable on both causes of action and awarding total damages of $...

Excerpt: .... 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 ower WGHZ s assets for themselves. ...

Excerpt: ...dant 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 ower WGHZ s assets for themselves. Triton allegedly demanded a higher...

Excerpt: ...iled 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 severe i...

Excerpt: ...) 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 additio...

Excerpt: ...ration based on an agreement signed by Plaintiff at the outset of her employment. LEGAL STANDARD The Califomia Arbitration Act (CAA) states that "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines tha...

Excerpt: ...tness, (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 powder ("CDP")_...

Excerpt: ... Famil Trust. The complaint alleges that Defendant defectively prepared the Trust' s tax returns and provided faulty tax advice. On January 6, 2023 Defendant filed the instant demurrer, arguing that Plaintiffs claim is barred by the statute of limitations _ 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 a...

Excerpt: ...covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance. On February 16, 2023, Plaintiffs filed the instant motion for leave to amend their complaint to add a cause of action for violation of Long Beach Ordinance No. 20-0044: which prohibits tenant harassment and makes it unlawful for a landlord to fail to timely repair or maintain a premises _ LEGAL STANDARD The court may, in furtherance ...

Excerpt: ...ment, (4) failure to pay wages, and (5) violation of Labor Code section 221. Plaintiff alleges that Defendants terminated him and repudiated an agreement that allows Plaintiff to purchase certain shares in Triller HoldCo_ Plaintiff alleges that his right to purchase said shares is reflected in his Employment Agreement: the Warrant to purchase the shares, and the Agreement he signed upon his termination. All three of these agreements contain an ar...

Excerpt: ... accommodation for his disability. The complaint asserts causes of action for (1) discrimination, (2) retaliation, (3) failure to prevent, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) wrongful termination, (7) declaratory relief, and (8) injunctive relief. Plaintiff began working for Defendant in 1998 as a Client Services and Marketing employee. In 2017, Plaintiff was promoted to the position of Data Governanc...

Excerpt: ...ed on March 25, 2022. On May 11, 2022, Plaintiff filed the operative First Amended Complaint, asserting (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. Defendants once again failed to respond to the complaint, and default was entered on August 4, 2022, and judgment was granted against Defendants on February 1, 2023. On February 6, 2023, Defendants filed the instant motion to set aside the default and judgment on the grounds of...

Excerpt: ...January 27, 2023, the jury returned a verdict in favor of Plaintiff for breach of implied warranty. On February 15, 2023, Plaintiff filed the instant motion to recover prejudgment interest. LEGAL STANDARD “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day . ....

Excerpt: ...egedly broke into his unit with a master key and took various personal items belonging to Plaintiff. The employees also called the police, resulting in Plaintiff's arrest. Plaintiff alleges that he fought the case for 29 months until it was dismissed, and for that, he claims $29 million in damages for 29 months of “false imprisonment.” On January 30, 2023, Defendant filed the instant demurrer and motion to strike on the grounds that the compl...

Excerpt: ...ts' purported 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 t...

Excerpt: ...s of action for (1) violation of the Consumer Legal Remedies Act, (2) fraud, (3) negligent misrepresentation, (4) violation of the Unfair Competition Law, and (5) violation of the Vehicle Code. On January 27, 2023, Defendants Shift Operations LLC and US Bancorp filed the instant motion to compel arbitration based on an arbitration provision in the Retail Installment Sale Contract (RISC) that Plaintiff signed upon purchasing the vehicle. Plaintiff...

Excerpt: ...nation, (2) failure to prevent, (3) FEHA retaliation, and (4) whistleblower retaliation in violation of Labor Code section 1102.5. Plaintiff began his employment with Defendant in 1981 and allegedly made it to the position of a Level 1 Reserve (L1). Plaintiff was issued a reserve officer certificate in 1984. In 2019, Plaintiff applied for a full-time deputy position that was only available to L1 reserves. Plaintiff was allegedly denied the promot...

Excerpt: ...ailed to deliver the gloves despite Plaintiff's payment of $8.3 million. Default was entered against Defendant on September 14, 2021. On December 19, 2022, Plaintiff filed the instant two motions to compel the depositions of Wallace Shimabukuro and the person most knowledgeable of M&W Suppliers pursuant to third- party subpoenas. No opposition has been filed. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production o...

Excerpt: ...1) breach of contract, (2) intentional misrepresentation, (3) negligent representation, (4) negligence per se, (5) disgorgement, and (6) violation of Business and Professions Code section 17200. Plaintiff is the owner of a two-story apartment building in Los Angeles. Around March 2020, Plaintiff contracted with Defendant, a contractor, to perform remodeling work on the building. This action arises from Defendant's alleged failure to complete the ...

Excerpt: ...s of real property 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...

Excerpt: ...tion for (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. On January 23, 2023, Defendants filed the instant demurrer to the FAC. Plaintiff has not filed an opposition. 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....

Excerpt: ...ocated on Ventura Boulevard in Sherman Oaks, California (“Gross Property”). (Compl. ¶ 1.) The property is a one-story commercial building containing various restaurants and retail businesses. (Id., ¶ 7.) Defendant owns an adjacent property (“Castelo Heights Property”). (Id., ¶ 2.) There is a public alleyway abutting both properties, which patrons of the businesses access by traversing a driveway in between the properties. (Compl. ¶ 7....

Excerpt: ...s' fees 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 app...

Excerpt: ...ff's employment and termination from his job at Centinela Hospital Medical Center (the Hospital). On January 19, 2023, Defendants Prime Healthcare Centinela, LLC and Prime Healthcare Cetinela-MOB, LLC filed the instant motion to compel arbitration. 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: ...ce of premises, (3) nuisance, (4) abating nuisance, (5) breach of the covenant of good faith and fair dealing, (6) intentional or reckless infliction of emotional distress, and (7) unfair business practices. The complaint stems from multiple alleged uninhabitable conditions, including rodent and insect infestations, defective wiring, defective flooring, defective plumbing, mold, and unmaintained outside grounds. (Compl. ¶ 9.) On January 10, 2023...

Excerpt: ...ly Trust (“Defendant” or “Cross-Complainant”), alleging (1) specific performance, (2) breach of contract, and (3) fraud. The action stems from a residential purchase agreement (the “Agreement”) between Plaintiffs and Defendant whereby Defendant was to sell the real property located at 2142 S. Sycamore Ave., Los Angeles, CA 90016 (the “Property”) to Plaintiffs. Defendant allegedly reneged on the Agreement by refusing to sell the Pr...

Excerpt: ...(4) declaratory relief, and (5) unfair competition. Plaintiffs allege that Defendant orchestrated pretextual defaults on multiple loans in order to cause the borrowers to incur millions of dollars in interest and thereby inflate the value of the loans. (Compl. ¶ 1.) The loans stem from a decades-old relationship that businessman Joseph Ghim (Kim) had with Defendant wherein Mr. Ghim would borrow money for financing various properties. (Id., ¶ 11...

Excerpt: ... 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 or financial institutions. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff obtained a verdict against Gilbarco in April 2022. Plaintiff settled with ...

Excerpt: ...) failure to engage, (4) retaliation, (5) violation of CFRA, (6) violation of Family Rights Act, and (7) wrongful termination. On November 23, 2022, Defendants filed the instant motion to compel arbitration based on agreements that Plaintiff signed in 2017 and 2020. 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 cont...

Excerpt: ...he 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 WGH's assets for themselves. Trito...

Excerpt: ...2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019, judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to admit the ...

Excerpt: ...LP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. The operative First Amended Complaint was filed June 11, 2019. The matter came on for a bench trial on October 31, 2022. The Court found in favor of Defendants and entered judgment accordingly on December 6, 2022. The judgment provided that “Plaintiffs shall take nothing by their First Amended Complaint or by any purported cause of action therein, as against Defendants...

Excerpt: ...) wrongful termination in violation of public policy. Plaintiff began employment with Defendant around June 2020. (Compl. ¶ 7.) Around March 2021, Plaintiff's daughter was hospitalized, and Plaintiff requested to work from home or take leave. (Id., ¶¶ 8-10.) Later that month, Plaintiff requested a day off for her daughter's doctor's appointment. (Id., ¶ 11.) When Plaintiff returned to work, she was terminated. (Id., ¶ 12.) Plaintiff alleges ...

Excerpt: ...plaint asserts causes of action for violations of the Magnuson-Moss Warranty Act. Plaintiff's claims arise from his purchase of a 2017 Chevrolet Impala (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...

Excerpt: ...operative Second 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 inci...

Excerpt: ... Broadcast Music, Inc. (collectively, “Defendants”) for (1) rescission based on failure of consideration; (2) fraud; (3) rescission based on fraud; and (4) declaratory relief. 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, ...

Excerpt: ...ch of contract, violations of FEHA and CFRA, unfair business practices, fraud, and Labor Code violations. On February 8, 2022, Defendants filed their amended answer, with leave of Court. On October 14, 2022, the Court granted Defendants' unopposed motion for summary judgment in its entirety. On November 3, 2022, the Court entered judgment in Defendants' favor. On November 8, 2022, Defendants filed their initial Memorandum of Costs. In response, P...

Excerpt: ...pel arbitration. 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 thereto refuses to arbitrate a controversy, the 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 ...

Excerpt: ...nst various Defendants, asserting 16 causes of action stemming from an alleged conspiracy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez, the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of the firm, resulting in false invoices charged to Plaintiff. Beyond these defendants, Plaintiff...

Excerpt: ...��) on August 22, 2022. The Complaint asserts causes of action for (1) breach of fiduciary duty; (2) negligence; (3) fraud; (4) negligent misrepresentation; (5) violation of Business and Professions Code § 17200; and (6) breach of contract. The Complaint alleges that Plaintiff employed Yadegaran and SFRE to serve as Plaintiff's real estate agent and broker. (Complaint ¶ 21.) Plaintiff alleges that Brackett is the designated officer of SFRE. (Co...

Excerpt: ...ve First Amended Complaint was filed on October 14, 2022. 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 me...

Excerpt: ...ng to be customer reviews, allegedly containing false assertions of fact regarding negative experiences with Plaintiffs and their law firms. On December 28, 2022, Plaintiffs filed the instant motion for early discovery to serve subpoenas for business records upon Yelp, Inc., Google, Inc., Microsoft, Inc., MH Sub I, LLC, and the internet service providers (ISPs) of the Doe defendants. LEGAL STANDARD “The plaintiff may serve a deposition notice w...

Excerpt: ... First Amended Complaint, filed June 9, 2022, asserts causes of action for violation of the Song-Beverly Act, breach of implied warranty, and fraudulent inducement by concealment. On October 10, 2022, this Court sustained Defendant's demurrer to the fraud claim based on the economic loss rule. However, on October 26, 2022, the Court of Appeal issued its decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, holding that the e...

Excerpt: ...product liability. The action stems from severe and permanent injuries that Plaintiff sustained after Meyer intentionally pointed a laser at Plaintiff which struck Plaintiff's eye. Meyer has been arrested for the crime and is one of the defendants in this action, but Plaintiff has also named Amazon.com Services LLC (Amazon) as a Doe defendant. Meyer allegedly purchased the laser pointer using the Amazon website. Plaintiff seeks to hold Amazon lia...

Excerpt: ...endant Levine was allegedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, individually and as trustee of Levine's estate, as a Defendant. On August 26, 2022, Defendant Manalo filed a demurrer to the FAC on the grounds that Plaintiff improperly added him as a Defendant and exceeded the statute of limitations. Defendant additionally argued that he coul...

Excerpt: ...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 WGH's assets for themselves. Triton allegedly demanded ...

Excerpt: ...equisite fees. Plaintiff filed the complaint in this action on August 4, 2022. On December 2, 2022, Defendant filed the instant motion to compel arbitration. 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 enforce...

Excerpt: ... September 30, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Aurai wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA-approved. The gloves w...

Excerpt: ...m Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion A. The equitable estoppel doctrine applies and Honda may compel Plaintiffs to arbitrate his claims against Nissan. Defendant Honda moves to compel Plaintiff 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 Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) The Sale Contract...

Excerpt: ...sonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was involved in. This required Plai...

Excerpt: ... On October 21, 2022, Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion for summary judgment on the grounds that they purchased the property after Plaintiff had already been evicted and therefore cannot be liable on any cause of action. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or cla...

Excerpt: ...llegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the owner of Ezlawpay), two corporate officers of...

Excerpt: ...mber 12, 2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019 judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to ad...

Excerpt: ...s' purported 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 ta...

Excerpt: ...e operative First Amended Complaint, filed May 27, 2022, adds Sheriff Alex Villanueva as a Defendant and alleges the following causes of action: (1) retaliation; (2) harassment; (3) discrimination; (4) failure to take corrective action; (5) PAGA; (6) Bane Act; and (7) retaliation under Government Code section 53298. Plaintiff was hired by the County as a civilian Security Assistant in May 2012 and promoted to Law Enforcement Technician in January...

Excerpt: ...ey Worldwide Services, Inc., and Rona Kay (“Kay”), 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. Plaintiffs worked for Disney from the 1980s until 2019, when they were terminated. Plaintiffs were terminated for wat...

Excerpt: ...intiff's claims arise from his purchase of a 2021 Jeep Wrangler ULT (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 insp...

Excerpt: ...lleging breach of promissory note and eight other causes of action arising from loans Plaintiffs made to Cashbloom. Plaintiffs made various loans to Cashbloom from May 2011 to December 2017 totaling $1.95 million. The loans were undocumented until two promissory notes issued in January 2016 for $300,000 and $400,000. The last and operative promissory note was issued in December 2017 for $1.95 million. Plaintiffs' lawsuit arises from the December ...

Excerpt: ...disqualified from a promotion and demoted for purportedly failing to obtain the requisite training. On November 3, 2022, Plaintiff filed the instant Pitchess motion to obtain records of Defendant's investigations relating to Plaintiff's purported policy violations. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive means for obtaining these materials ...

Excerpt: ...blic policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her. At issue presently are Plaintiff's motions to compel further responses to various discovery. LEGAL STANDARD Upon receiving responses to requests for inspection or interrogatories, the propounding party may move for an order compelling further responses if the party finds that an objection is without...

Excerpt: ...n, abuse of process, false imprisonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was...

Excerpt: ...managing attorney of Defendant Wilshire Law Firm. Defendant invokes the apex doctrine in opposition. 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, ...

Excerpt: ...ty of fitness, (3) negligence, and (4) unfair competition. The lawsuit arises from the following pertinent 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 powder (“CDP”). Plaintiff alleges that the in...

Excerpt: ... 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 WGH's assets for themselves. Triton allegedly ...

Excerpt: ...0, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Defendant Aurai Capital, LLC wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA- approved. ...

Excerpt: ...e members of the rock band All Time Low (ATL). The complaint arises from written posts on social media wherein anonymous individuals accused Plaintiffs of committing or being complicit in grooming and sexually assaulting fans, including minors. One of these accusations was posted on Twitter by Doe 2, an anonymous individual with the handle “@atlstatement,” who claimed that Plaintiff Barakat sexually assaulted her over a period of years beginn...

Excerpt: ...erence, and fraud stemming from Defendants' purported 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 frau...

Excerpt: ...tions to compel further responses filed by Plaintiff against Defendant Turbo Air, Inc. 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) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the...

Excerpt: ...acy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the o...

Excerpt: ...rported 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 ov...

Excerpt: ...e, and fraud stemming from Defendants' purported 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...

Excerpt: ...by Defendants' actions at the decedent's funeral. The complaint also seeks recovery for conversion of several electronic devices and a motor vehicle previously belonging to decedent which he allegedly bequeathed to Plaintiffs. On October 19, 2022, Defendants filed the instant motion to change venue because they reside in San Joaquin County. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the com...

Excerpt: ... violation of Section 1983 against Defendants County of Los Angeles, Los Angeles Sheriff's Department, Detective Josue Torres, and Sergeant Jose Rojas. Plaintiff was arrested and charged with the murder of Miguel Herrera. Plaintiff alleges that he was misidentified by a witness to the incident. Plaintiff alleges that he was wrongfully arrested and prosecuted. The information against Plaintiff was eventually dismissed, and he filed this action for...

Excerpt: ...Property”), located on the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. After resolution of various issues, including the County's right to take, the remaining issue for trial was the value of the Property. The jury rendered its verdict on August 26, 2022, determining the value of the Property to be $39 million. On October 20, 2022, Defenda...

Excerpt: ... Angeles, and Bryan Dameworth. The operative First Amended Complaint alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, and (7) intentional infliction of emotional distress. Plaintiff alleges that he was attending a protest on May 30, 2020 in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (FAC ¶¶ 10-12.) The incident allegedly left Pla...

Excerpt: ...s filed on January 15, 2020. Various cross-complaints and amended cross-complaints have also been filed from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (Japanese Investors) and investors from the United States (US Investors). The present motions to compel relate to discovery propounded by Cross-Complainant B...

Excerpt: ...er PAGA. Pursuant to the U.S. Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, Defendant Wayb presently moves to compel arbitration of Plaintiff's claims, including the individual PAGA claims. Defendant Jung, Wayb's CEO, subsequently filed a joinder to the motion. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to...

Excerpt: ...(PMH), Prospect Medical Systems, Inc. (PMS), Southern California Healthcare Systems, Inc. (SCHS), Alta Hospitals System, LLC (AHS), and Ceridian HCM Inc. (Ceridian). Plaintiff has since dismissed Ceridian as a defendant. The parties have an arbitration agreement which requires Plaintiff to arbitrate her claims in an individual capacity. Defendants had not moved to compel arbitration due to the rule set forth in Iskanian v. CLS Transportation Los ...

Excerpt: ...Ex. A.) Plaintiffs agreed to dismiss the action in exchange for a total of $295,000. The insurance carriers paid $275,000, and Defendant Shokrian was responsible for $20,000. On May 3, 2022, Defendant signed a document titled “Installment Payments for Full Satisfaction of Settlement Claim,” in which he agreed to make four installment payments of $5,000 to satisfy his portion of the settlement. (Medina Decl., Ex. B; Kelly Decl., Ex. B.) To dat...

Excerpt: ...3) account stated, and (4) open book account. Plaintiff was the subcontractor on a construction project in which RCG was the primary contractor. Plaintiff and RCG entered into a written agreement whereby Plaintiff would complete a portion of the project relating to the fabrication and installation of structural steel. RCG also allegedly ordered additional work from Plaintiff and promised to pay for it. Mikhail is allegedly RCG's alter ego. Plaint...

Excerpt: ...dant Abgaryan in July 2019. The action stems from unpaid rent for the month of January 2020. Currently, Defendant Taxter is the only tenant in possession, as Abgaryan has been incarcerated for murder. Plaintiff has subsequently dismissed Abgaryan since he is not in possession. Plaintiff and Defendant Taxter entered into a stipulation on September 9, 2021. The stipulation provided that: (1) Defendant is to pay a total of $84,374.88; (2) Defendant ...

Excerpt: ... operative First Amended Complaint was filed October 14, 2022. The complaint alleges that Defendant E&B Natural Resources Management Corporation (“E&B”) sought to purchase a 25% stake in Plaintiff. Due to financial issues with its lenders, E&B could not directly deal with Plaintiff. Instead, E&B allegedly formed Defendant Triton LA, LLC (“Triton”) to hold E&B's 25% interest in Plaintiff. The complaint alleges that the arrangement was indu...

Excerpt: ... and accommodation for his disability. The complaint asserts causes of action for (1) discrimination, (2) retaliation, (3) failure to prevent, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) wrongful termination, (7) declaratory relief, and (8) injunctive relief. Plaintiff began working for Defendant in 1998 as a Client Services and Marketing employee. In 2017, Plaintiff was promoted to the position of Data Gover...