Excerpt: ...h Center) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 20...

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

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

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

Excerpt: ...ecords; (2) unfair business practices; (3) constructive discharge; and (4 - 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contracto...

Excerpt: ...d in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substit...

Excerpt: ...alleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a busine...

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

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

Excerpt: ...ealth Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8,...

Excerpt: ...tract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Duarte allegedly ...

Excerpt: ...o establish that he may freely compete against Defendants by soliciting clients from his former employment for Defendants, despite restrictive covenants contained in agreements between the parties. Plaintiff alleges that the covenants are void and unenforceable under California law. Plaintiff also alleges that the forum selection provisions are unenforceable because they violate California's public policy. Defendants moved to dismiss based on for...

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

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

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

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

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

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

Excerpt: ... on June 8, 2023. The Complaint asserts causes of action for violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Tahoe (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection ...

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

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

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

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

Excerpt: ...ng, (2) breach of contract, and (3) money due and owing. On December 22, 2023, Plaintiffs filed the instant motion to compel the deposition of Defendant Emerald's PMQ. Defendant filed its opposition on January 8, 2024. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, wi...

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