Excerpt: ...payments to be rejected, 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. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco were tried in March 2022. The March 2022 trial res...

Excerpt: ...ed the First Amended Complaint, asserting claims for interference with contract, interference with prospective economic advantage, fraud, and constructive trust. Defendants filed two demurrers against the FAC, primarily arguing that Plaintiff's claims to recover her supposed inheritance are subject to the exclusive jurisdiction of the Probate Court. Plaintiff conceded that the Probate Court had exclusive jurisdiction and for that reason requested...

Excerpt: ...efendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges that Plaintiffs invested money to Defendants and that the parties reached a settlement resolving disputes over the amount owed. This action stems from Defendants' alleged failure to pay the amounts required by the settlement a...

Excerpt: ...hat she suffers from ADHD, making her more susceptible to distraction by visual and auditory stimuli. Plaintiff's requests for accommodation were allegedly dismissed or rejected. Plaintiff alleged that she was retaliated against for requesting accommodations and reporting discrimination. The case was initially assigned to Judge Rupert Byrdsong. A jury trial took place in July 2023, which returned a defense verdict. On August 24, 2023, Judge Byrds...

Excerpt: ...) breach of contract, (2) common count, (3) accounting, and (4) unjust enrichment. The action stems from Defendants' failure to pay for Plaintiffs' shareholder interest in Maureira Construction, Inc. despite an agreement. On July 15, 2022, Plaintiffs obtained a judgment against Defendants in the amount of $71,704.29, which Defendants have not paid. However, Defendants continue to operate the construction company and turn a profit from their exist...

Excerpt: ... 2021, the case was dismissed without prejudice. The case was restored to active status in October 2022 after the failure of arbitration. The order of dismissal was vacated. The complaint alleges that Defendant did not pay for advertising services provided by Plaintiff. On May 24, 2023, Defendant filed a cross-complaint against Plaintiff, alleging that Plaintiff did not provide the services as promised. On August 6, 2023, the Court sustained Plai...

Excerpt: ...es that during the parties' relationship, Defendant was abusive and controlling. As a result, Plaintiff alleges that under Defendant's undue influence and coercion, Plaintiff granted title of the two subject properties to both herself and Defendant even though Plaintiff obtained the properties prior to marriage. Plaintiff filed this action to claim legal title to the subject properties. On September 28, 2023, Defendant filed the instant demurrer ...

Excerpt: ...inated against her based on her gender and disability, including being a pregnant woman. On September 29, 2023, Plaintiff filed the instant motion to compel further responses to requests for production. Defendant filed its opposition on October 19, 2023. Plaintiff filed her reply on October 25, 2023. LEGAL STANDARD “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order comp...

Excerpt: ...Plaintiff's claims arise from his purchase of a 2023 GMC Yukon (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 inspectio...

Excerpt: ...n arise from Plaintiff's purchase of a 2018 Honda Odyssey (Vehicle). Discussion Defendant Honda moves to compel Plaintiffs 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 Culver City Honda. (Suarez Decl. Ex. A.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relate to...

Excerpt: ... 496 and (2) conversion. Plaintiff is a researcher, entrepreneur, and chemist who in 2015 was recruited by Defendants Martin and Scott to join Curative Labs Inc. (CLI) as one of the three founders. (Compl. ¶ 1.) Plaintiff allegedly had an agreement with CLI wherein instead of a salary, Plaintiff would receive 20% ownership and cash compensation once the company began earning more revenue. (Id., ¶ 2.) Plaintiff worked to build every aspect of CL...

Excerpt: ...ervices, Inc.; California TD Specialists; Qualfax, Inc.; RTI Properties, Inc.; and Peak Foreclosure Services, Inc. The complaint asserts causes of action for (1) accounting, (2) injunctive relief, and (3) breach of contract. The action concerns a property located in Beverly Hills. Although Plaintiffs admittedly defaulted on a loan secured by the property, the complaint alleges that Defendants failed to properly account for payments made and initi...

Excerpt: ...; (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 business premises from Per Partners starting in October 2007. The lea...

Excerpt: ...cialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 19, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Production Set One. Defendants filed their oppositions on October 17, 2023. Plaintiff filed replies on October 20, 2023. LEGAL STANDARD “On receipt...

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: ...vantage, and (4) unjust enrichment. On September 27, 2023, Defendant Haddish filed a motion to compel arbitration. The same day, Defendant Haddish also filed the instant motion to seal the motion to compel arbitration and associated documents. On October 6, 2023, Defendant Spears filed joinders to both motions. LEGAL STANDARD “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550(c)....

Excerpt: ...ntentional infliction of emotional distress. Additionally, Plaintiff alleges continued emotional distress under her other causes of action. Accordingly, Defendant seeks to conduct an independent mental examination (IME) of Plaintiff. Defendant filed the instant motion to compel IME on October 4, 2023. Plaintiff filed her opposition on October 16, 2023. Defendant filed its reply on October 19, 2023. LEGAL STANDARD “Any party may obtain discovery...

Excerpt: ...t Personnel, Inc., seeking penalties for alleged wage violations. On September 15, 2023, Defendants filed the instant motion to compel arbitration of Plaintiff's individual PAGA claims. Plaintiff filed his opposition on October 16, 2023. Defendants' filed their reply on October 20, 2023. 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 to...

Excerpt: ... July 11, 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 ...

Excerpt: ... negligence, (2) warranty of habitability, (3) implied covenant of quiet enjoyment, (4) negligent infliction of emotional distress, (5) excessive collection of rent, (6) tenant harassment, (7) retaliation, (8) collection of rent on untenable dwelling, (9) nuisance, and (10) intentional infliction of emotional distress. Plaintiffs are tenants of two different units at the subject property. (Compl. ¶¶ 1-2.) Defendants are the alleged owners, mana...

Excerpt: ...retaliation; (3) discrimination; (4) harassment; (5) failure to prevent; (6) violation of equal pay; and (7) constructive discharge. The action stems from Plaintiff's assertion that she was paid less than her male coworkers. Plaintiff alleges that after she complained about the disparity, Defendant began retaliating against her. Plaintiff alleges that the working conditions became so intolerable that she was forced to resign. On August 22, 2023, ...

Excerpt: ...Solarzano. On September 27, 2023, Defendant Route 66 filed the instant motion to compel arbitration of Plaintiff's individual PAGA claim and stay the representative claims. Plaintiff filed her opposition on October 10, 2023. Defendant filed its reply on October 16, 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...

Excerpt: ... the First Amended Complaint on September 18, 2020, asserting the same three causes of action. On January 13, 2021, the Court sustained Defendant's demurrer to all three causes of action in the FAC without leave to amend and thereafter entered judgment accordingly. Plaintiff appealed. On April 7, 2023, the Court of Appeal issued an opinion affirming this Court's order as to the first and second causes of action and reversed the order as to the th...

Excerpt: ...insurance contract, (2) breach of the covenant of good faith and fair dealing, and (3) elder abuse. According to the complaint, Plaintiffs own a home located in Tujunga, California. (Compl. ¶ 1.) The home was insured by a homeowners insurance policy issued by Defendant Hippo Insurance Services, which is owned and underwritten by Defendant Spinnaker Insurance Company. (Ibid.) In December 2021, the home suffered wind and water intrusion, leading P...

Excerpt: ...ngeles, various departments therein, and various individuals. Plaintiff alleges that she was mistreated and harassed based upon her race, national origin, color, ethnicity, age, and physical disability. On September 12, 2023, the County and the individual defendants (with the exception of Lisa Wong and Holly Mitchell) filed the instant demurrer and motion to strike against the FAC. Plaintiff filed her opposition on October 11, 2023. Defendants fi...

Excerpt: ...old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 that was due upo...

Excerpt: ...lity, (2) breach of 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. C...

Excerpt: ...ialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 14, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Admission Set One. Defendants filed their oppositions on September 27, 2023. Plaintiff filed replies on October 4, 2023. LEGAL STANDARD “On receipt ...

Excerpt: ...lied 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 dext...

Excerpt: ...ver 40 years old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 tha...

Excerpt: ... contract, (2) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. Plaintiffs own and reside in the subject property located in Los Angeles. (Compl. ¶ 1.) Plaintiffs bring this action against the developer (Advance Home Improvement, Inc.), seller (Moorpark USA, LLC), and CEO of the developer (Amnon Edri). (Id...

Excerpt: ...s Inc. Plaintiff Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be...

Excerpt: ...motion to detective due to discrimination against his disabilities. Plaintiff alleges that he was falsely accused of DUI and arrested because Defendant is aware he takes prescribed medication for prior injuries and conditions. Defendant allegedly used this as a pretext to block Plaintiff's promotion to detective. Plaintiff was ultimately suspended for 22 days without pay. Upon return, Plaintiff was involuntarily transferred to a different station...

Excerpt: ...violations. On August 30, 2023, Plaintiff filed the instant motion to compel further responses to Form Interrogatories. Defendant filed a belated opposition on September 19, 2023. 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...

Excerpt: ...e wage records; (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. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classify or pay Plaintiff as an emp...

Excerpt: ...discrimination; (2) retaliation; (3) failure to prevent; (4) failure to accommodate; (5) failure to engage; (6) wrongful termination; (7) violation of CFRA; (8) interference with CRFA rights; (9) defamation; (10) violation of Labor Code section 1102.5; (11) section 226; and (12) section 98.6. Plaintiff alleges that he was wrongfully terminated in December 2020 after requesting leave for a COVID infection. (FAC ¶ 8.) Plaintiff claims that he was ...

Excerpt: ...FAC asserts causes of action for: (1) negligence; (2) breach of the warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) private nuisance; (5) unfair business practices; (6) conversion; and (7) intentional infliction of emotional distress. Beginning in March 2019, Plaintiff was a tenant in the Subject Property owned and managed by Defendants. (FAC ¶¶ 10-11.) Plaintiff alleges that during her tenancy, she was subject to m...

Excerpt: ...er 18, 2021, asserting breach of contract, trespass, conversion, fraud, and unjust enrichment. On September 3, 2021, Defendants filed a cross-complaint against Plaintiff for breach of contract, unlawful retention of security deposit, unjust enrichment, and conversion. The matter came on for a court trial from May 2-4, 2023, after which the Court entered judgment: (1) for Plaintiff Crocker & Towne Wholesale Mart, LLC against Defendants Ki Whan Pak...

Excerpt: ... for Admission, and Requests for Production. The motions were heard on August 16, 2023, wherein the Court accepted Plaintiff's representation that she was not served with the motions but deemed the motions served as of August 16 and ordered Plaintiff to respond to the subject discovery within 30 days. Sanctions were denied. The Court also ordered the motions to be sealed because certain exhibits filed in support of the motions contained Plaintiff...

Excerpt: ... trustee's deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious. In September 2007, Freeman and Boyd entered into a written settlement agreement, which was a good faith atte...

Excerpt: ...rer 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. (Code Civ. Proc., § 430.30, subd. (a).)...

Excerpt: ... 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 her supervisor,...

Excerpt: ... a slip and fall. (Compl. ¶ 7-8.) Plaintiff sued the Regents of the University of California (Regents) in the underlying action, asserting premises liability and general negligence. (Id., ¶ 8.) The underlying action was dismissed on summary judgment. (Id., ¶ 12.) Plaintiff alleges that Defendants were negligent because they improperly pled the facts of Plaintiff's accident by misidentifying the substance he slipped on as a “liquid substance�...

Excerpt: ...t stems from a lease agreement between landlord Plaintiff and tenant Defendant Lagree Underground, which runs a pilates studio at the location. Defendant Grenier is the guarantor of Lagree's lease with Plaintiff. Plaintiff alleges that Defenant Lagree defaulted on its rent obligations and that Grenier defaulted on his guaranty. Defendants maintain that their performance was rendered impossible or frustrated by government shutdowns in response to ...

Excerpt: ...for: (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that in October 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulte...

Excerpt: ...rted 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 over ...

Excerpt: ... 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 dextrose...

Excerpt: ...fendant 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 a highe...

Excerpt: ...Milburn Properties, LLC. Through his membership interest in the LLC, Plaintiff also claims a 50% interest in certain real property, investments, and accounts. Through this action, Plaintiff seeks an involuntary dissolution of the LLC and partition by sale of the property, investments, and accounts. On November 19, 2021, Defendant filed a cross-complaint alleging (1) breach of fiduciary duty, (2) conversion, (3) involuntary dissolution, (4) breach...

Excerpt: .... The SAC is filed by Plaintiffs Franklin Armory, Inc. (FAI) and California Rifle & Pistol Association (CPRA) against Defendants California Department of Justice (DOJ) and Xavier Becerra (Becerra). FAI is a federally-licensed firearms manufacturer that manufactures a series of firearms which are neither “rifles,” “pistols,” nor “shotguns” as defined by California law. (SAC ¶ 2.) FAI designates these firearms as “Title I” firearms...