Excerpt: ...) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. On October 6, 2023, the Court partially sustained a demurrer to the complaint, giving Plaintiffs leave to amend their claims for intentional and negligent misrepresentation. On October 26, 2023, Plaintiffs filed the operative First Amended Complaint, assert...

Excerpt: ...e First Amended Complaint on July 31, 2023. Plaintiff alleges that the dealer failed to transfer title to her as promised. As a result, Plaintiff was unable to sell the vehicle. By the time Plaintiff received the title, the vehicle had decreased in value. Plaintiff also alleges that the vehicle had not been previously used as a rental as the dealer represented, but was instead used as a rideshare. On November 27, 2023, Defendants filed the instan...

Excerpt: ...t Moving Party: Judgment Debtor Dr. Leevil SPE LLC Resp. Party: None SUBJECT: Objection to Proposed Judgment, Request for a Hearing if the Objection is not Sustained Moving Party: Judgment Debtor Dr. Leevil, LLC Resp. Party: None The Motion for Reconsideration is DENIED. The Motion to Quash is GRANTED. The Order for Appearance and Examination on Michael Schlesinger is QUASHED. Dr. Leevil SPE LLC's Objection and Dr. Leevil, LLC's Objection are OVE...

Excerpt: ...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. CytoGuard is a cultur...

Excerpt: ...l persons claiming interest 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 Prope...

Excerpt: ...ant's phone records. Plaintiff filed her opposition on December 20, 2023. Defendant filed his reply on December 26, 2023. Plaintiff filed an additional opposition to Defendant's reply on December 27, 2023. This additional opposition is improper and will not be considered. 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, up...

Excerpt: ...anuary 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: ...ed the instant motion to compel arbitration. Plaintiff filed his opposition on December 19, 2023. Defendants filed their reply on December 26, 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 controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceabl...

Excerpt: ...on. Plaintiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Plaintiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross-complaint against Plaintiff, Sachin...

Excerpt: ...laintiff filed her opposition on December 19, 2023. Defendant filed its reply on December 26, 2023. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs o...

Excerpt: ... Wellness Group, LLC, and York Healthcare & Wellness Centre, LP. The complaint asserts causes of action for (1) elder abuse and neglect, (2) violation of resident rights, and (3) wrongful death. The complaint arises from Plaintiff Gonzalez's injuries and eventual death allegedly sustained as a result of improper care at a skilled nursing facility. On November 14, 2023, Defendants filed the instant motion for judgment on the pleadings against the ...

Excerpt: ...cho and mother-in-law of Mr. Camacho. The action concerns real property located in Los Angeles. Plaintiff alleges that she is the owner of the home. Plaintiff is an 84-year-old widower with multiple health issues and only speaks Spanish. In early 2022, Defendants allegedly proposed that in exchange for Plaintiff selling the property to Defendants, Defendants would assist in renovating the property and care for Plaintiff for the remainder of her l...

Excerpt: ... all persons claiming interest 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 Pr...

Excerpt: ...usic, Inc. 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, 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...

Excerpt: ...ition on November 28, 2023. Defendant filed its reply on December 4, 2023. 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 o...

Excerpt: ...umerous instances of other deputies using racial slurs against him. On November 13, 2023, Plaintiff filed the instant motion to obtain personnel records pertaining to himself and Deputy Errol Payne. Defendant filed its opposition on November 27, 2023. Plaintiff filed his reply on December 1, 2023. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive mea...

Excerpt: ...1, 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 against...

Excerpt: ...il 25, 2021, Plaintiff purchased a new 2021 Jeep Wrangler (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song-Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Section 1780(e) : “[t]...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...sh 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. On November 6, 2023, Defendants filed the instant...

Excerpt: ...ir against Defendant VOLKSWAGEN SANTA MONICA (VWSM). On October 18, 2023, Defendants filed their demurrers to the Complaint. Defendants argue that the negligent repair claim, cause of action five, is barred by the economic loss rule. 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 i...

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...