Excerpt: ...d negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. On December 15, 2020, Eo and Shin (collectively “Cross-Complainants”) filed a cross- complaint agai...

Excerpt: ...e with contract. The action arises out of allegedly unpaid work that Plaintiff performed on singer Justin Bieber's album. Plaintiff alleges that he formed a contract with JRC through emails in 2018 wherein the parties agreed Plaintiff would receive 1% of royalties (royalty point) on any non-feature songs that Plaintiff worked on for Bieber. Although Plaintiff was compensated accordingly for 18 songs pursuant to a 2019 agreement, Plaintiff contend...

Excerpt: ...Song Beverly statute. Plaintiff's claims arise from his purchase of a 2019 Chevrolet Silverado 1500 (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...

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 August 22, 2022, Defendants filed the instant motion to compel arbitration based on an arbitration agreement Plaintiff signed in February 2009. Plaintiff denies signing the agreement. LEGAL STANDARD The Federal Arbitration Ac...

Excerpt: ...Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his appellat...

Excerpt: ...elations, and (6) declaratory judgment. Plaintiff is the founder and CEO of Defendant Icon Aircraft, Inc. (Icon). Defendant Shanghai Pudong Science and Technology Investment Co., Ltd. (PDSTI), a Chinese company, acquired 51% of Icon. Defendant Xudong Zhu (Zhu) is PDSTI's chairman, who also sits on the board of Icon. Plaintiff alleges that Defendants engaged in bad faith negotiations regarding his employment and compensation. Plaintiff alleges tha...

Excerpt: ...mplaint stems from a series of sexual assaults allegedly committed by SCMC's founder, Defendant Mohammad Rasekhi, from 2018 to 2022. Defendants ModernHR and ADP Total Source are human resource agencies who partnered with SCMC. Defendant R&B Medical Group is another company owned by Rasekhi, where Plaintiff also worked preparing finances. Defendant Sheila Busheri is the CEO of SCMC, cofounder of R&B, and Rasekhi's wife. The remaining individual De...

Excerpt: ...ess Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. The matter came on for trial on August 1, 2022, and the jury found that Defendants San Gabriel and Rockport were liable...

Excerpt: ...” In the initial complaint, Plaintiff alleges that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after ...

Excerpt: ...ed to the chemical gadolinium throughout the course of the MRIs, resulting in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice-lac...

Excerpt: ...ohrman, Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his ...

Excerpt: ...underlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleg...

Excerpt: ...; (5) unjust enrichment; and (6) declaratory relief. Cojecto and its agent David Martinez also filed a complaint against Pixior and its CEO Yassine Amallal. The operative Second Amended Complaint was filed October 15, 2021, asserting causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. Th...

Excerpt: ...igueroa ("Marcos") (collectively, "Plaintiffs") against Defendants AT&T Corporation ("AT&T"); AT&T Mobility Wireless Operations Holdings Inc. ("AT&T Mobility"); All Access Equipment Rentals, Inc. ("All Access"); RBR Properties, Inc. ("RBR"); Vinculums Services, LLC ("Vinculums"); New Cingular Wireless PCS LLC ("Cingular"); JLG Industries, Inc ("JLG"); Joel Lupercio ("Lupercio"); Jorge Ceja ("Ceja"); Roberto Guerrero ("Guerrero") (collectively, "D...

Excerpt: ... developed defects. Plaintiffs asserts causes of action including fraud. Demurrer GM demurrers to the following causes of action: 5 th Cause of Action – Fraud. A. Economic Loss Doctrine. GM demurs to the Complaint's 5 th Cause of Action – Fraud. One of GM's contentions is that this cause of action fails because it is barred by the economic loss rule. The Court agrees. Economic loss consists of “damages for inadequate value, costs of repair ...

Excerpt: ...agement of Plaintiff. 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 induced by fraud and that Defendants merely s...

Excerpt: ...iled on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African-American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportunity to tel...

Excerpt: ...lure to pay for goods shipped by Plaintiff. Plaintiff has sued Zalta Boutique II, Inc., whereas the complaint appears to show goods that were shipped to Zalta Boutique. Defendant, Zalta Boutique II, Inc., argues that it is not the same company as Zalta Boutique. On July 11, 2022, the Court granted Defendant's motion to quash for lack of personal jurisdiction. Defendant had presented evidence that it was a New York corporation that had no dealings...

Excerpt: ...Kenneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged neg...

Excerpt: ...iled 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 instant motion arises from the following pertinent facts. Initially, the Japanese Investors owned the Property as tenants in common with Defendant entities Beach Fron...

Excerpt: ... violation of the Business and Professions Code. The complaint arises from an alleged bedbug infestation in Plaintiff's unit. On July 8, 2022, Defendant filed the instant demurrer and motion to strike. 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 Lo...

Excerpt: ... 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 her sup...

Excerpt: ...omplaint was filed on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Among other things, Plaintiff alleges that she was denied the opportunity to telework as a disability accommodation. (FAC ¶¶ 83-88.) Plaintiff alleges that she suffers from various underlying health issues that place her at a high risk of COVID infection. (Id., ¶ 81.) P...

Excerpt: ...e allegations stem from injuries Plaintiff sustained while a resident at Defendants' care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants' inadequate care. On July 13, 2022, Plaintiff served a deposition subpoena to nonparty The Rehabilitation Center of Bakersfield, requesting appearance on August 8, 2022 and production of Plaintiff's medical billing records fr...

Excerpt: ...reach of contract, (6) declaratory relief, (7) conversion, and (8) quantum meruit. Plaintiff alleges that Defendants induced him into a joint business venture and promised him 50% ownership interest. Plaintiff and Jonny formed Los Angeles Trading Company, LLC (“LATC”) to operate the new business. Plaintiff contributed financially to the business and also provided his guidance and expertise, which increased LATC's success. Jonny allegedly mism...

Excerpt: ...ia, asserting two causes of action under 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 due to a credit card error, Defendant's payment of arbitration fees was not processed. On September 2, 2022, Plaintiff filed a motion for sanctions under Code of Civil Procedure section 1281.99 ...

Excerpt: ...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 Plaintiff with severe injuries, contin...

Excerpt: ...ning Rowland Company LLC (“Shining Rowland”), alleging the following causes of action: (1) breach of contract; (2) breach of fiduciary duty; and (3) unjust enrichment. The complaint alleges that Plaintiff entered into an agreement with Henry's company PTI to form an LLC called Fontana Village. The relationship between the two members of Fontana Village is governed by the LLC's Operating Agreement. The complaint asserts breach of contract agai...

Excerpt: ... warranty under Song- Beverly, and (3) fraudulent concealment. The causes of action arise from Plaintiff's purchase of a 2020 Ford Explorer (Vehicle). Objections Plaintiff's objections are overruled, Discussion Defendant Ford moves to compel Plaintiff to submit this action to binding arbitration. Ford presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Galpin Motors. (Ihara Decl. Ex. 1.)...

Excerpt: ...to compel arbitration of Plaintiff's individual PAGA claims and for dismissal of the remaining representative claims. The parties have an arbitration agreement which purports to waive Plaintiff's right to representative actions, including PAGA, and requires Plaintiff to arbitrate her claims in an individual capacity. Previously, Defendant refrained from filing a motion to compel arbitration due to the rule set forth in Iskanian v. CLS Transportat...

Excerpt: ...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 induced by fraud and that Defendants merely sought to take over Plaintiff's assets for th...

Excerpt: ... answer the complaint, and a default was granted on July 15, 2022. On August 3, 2022, Dedicated filed the instant motion to set aside the default on the grounds that service was improper and did not result in actual notice of the lawsuit. Defendant's receptionist, who accepted service of the papers, placed them in a cabinet and did not inform anyone at the company of the lawsuit. LEGAL STANDARD “Proper service of process of a petition or compla...

Excerpt: ...2, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Among other things, Plaintiff alleges that she was denied the opportunity to telework as a disability accommodation. (FAC ¶¶ 83-88.) Plaintiff alleges that she suffers from various underlying health issues that place her at a high risk of COVID infection. (Id., ¶ 81.) Plaintiff alleges that her medi...

Excerpt: ...Plaintiff at the start of her employment. 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 enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § ...

Excerpt: ...h of contract, violations of FEHA and CFRA, unfair business practices, fraud, and Labor Code violations. Plaintiff began working for Defendants in 2013. Plaintiff alleges that women in the workplace were objectified in order to promote sales and forced into quid pro quo relationships with managers. Plaintiff complained about this and was allegedly subjected to retaliation by Defendant Zamanian. Plaintiff also alleges that Defendants discriminated...

Excerpt: ...for age discrimination based on Plaintiff's termination from the Police Chief position. Plaintiff was fired as Police Chief after a vote of no confidence by the Police Officer's Association (“POA”). Plaintiff claims that his termination was actually motivated by age discrimination. Various members of the City Council had made comments to Plaintiff about his age prior to the termination. Plaintiff contends that Defendant replaced its City Mana...

Excerpt: ... action against Defendants Hector Pulido (“Hector”) and Wells Fargo. The operative Second Amended Complaint, filed July 21, 2021, alleges: (1) fraud; (2) specific performance; (3) declaratory relief; (4) unjust enrichment; (5) constructive trust; (6) resulting trust; and (7) equitable lien. Plaintiffs' complaint arises from a dispute over a certain parcel of real property in Whittier, California. Plaintiffs allege that Maria's brother, Defend...

Excerpt: ...�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 Property to Plaintiffs. On April ...

Excerpt: ...l pay; (4) inaccurate wage statements; (5) waiting time penalties; and (6) unfair competition. On July 5, 2022, Defendant filed the instant demurrer to the complaint on the grounds that (i) the causes of action are barred by res judicata due to a prior settlement on the same claims, and (ii) the allegations fail to state facts to constitute a cause of action. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of ...

Excerpt: ...zle 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 owner of Ezla...

Excerpt: ...ch of contract, (6) declaratory relief, (7) conversion, and (8) quantum meruit. Plaintiff alleges that Defendants induced him into a joint business venture and promised him 50% ownership interest. Plaintiff and Jonny formed Los Angeles Trading Company, LLC (“LATC”) to operate the new business. Plaintiff contributed financially to the business and also provided his guidance and expertise, which increased LATC's success. Jonny allegedly mismana...

Excerpt: ...he settlor and sole beneficiary of a trust holding substantial assets. Plaintiff, personally and through the trust and an LLC, owns various commercial properties throughout California. Pursuant to a property management agreement in 2007 (“2007 Agreement”), Plaintiff retained RAAM to manage his and his LLC's properties. Plaintiff alleges that the Agreement was designed to take advantage of him and allow Defendants to embezzle his money. The 20...

Excerpt: ... 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 (“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, Plaint...

Excerpt: ...nsurance policies. JRK is a real estate investment company that owns various hotel and apartment properties. Defendants contend that COVID-related business losses are not covered by the policies. Defendants moved for judgment on the pleadings on the grounds that the language of the policies precludes Plaintiff's recovery. On April 18, 2022, the Court partially granted the MJOP, finding that the presence of COVID on Plaintiff's premises cannot cau...

Excerpt: ...lege that Defendants violated certain provisions of the Ellis Act as enumerated in the Los Angeles Municipal Code (“LAMC”). Plaintiff Jessica Caruso alleges that Defendants wrongfully evicted her under the guise of withdrawal from business under the Ellis Act, when in fact Defendants intended to get rid of lower-paying tenants and did not go out of business. Plaintiff Patrick Caruso asserts negligence and premises liability based on injuries ...

Excerpt: ... 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”). Defendants presently move for relief from a waiver of jury trial. Defendants did not post jury fees as planned prior to the initial August 15, 2019 Case Manag...

Excerpt: ...don, Bemel, Ross & Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. On July 1, 2021, this Court denied Plaintiffs' motion to reopen expert discovery, and on August 9, 2021, denied Plaintiffs' motion for reconsideration of same. On April 1, 2022, the Court denied Plaintiffs' ex parte application to continue the trial date to allow for further discovery. However, on May 27, 2022, the Court partially granted Plai...

Excerpt: ...x but that Defendant only partially paid Plaintiff for his work. Plaintiff alleges that the parties had a written agreement. Plaintiff claims damages of $200,000. On June 10, 2022, Defendant filed the instant demurrer to 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...

Excerpt: ...icle indisputably originated from a dealership in Missouri and was delivered to Plaintiff in California. Accordingly, Defendant presently moves for summary judgment on the grounds that the vehicle was sold in Missouri, which precludes application of Song-Beverly. 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...

Excerpt: ...vironmental Services (“Asbury”) on June 12, 2020. Plaintiff asserted causes of action for (1) Failure to Engage in the Interactive Process; (2) Failure to Accommodate a Disability; and (3) Disability Discrimination. After a jury trial, the jury found in favor of plaintiff. The jury awarded plaintiff $2,934,714.00 in compensatory damages and $3,000,000 in punitive damages. ($1,500,000 in punitive damages against World and $1,500,000 in punitiv...

Excerpt: ...om injuries Plaintiff sustained while a resident at Defendants' care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants' inadequate care. On May 9, 2022, this Court partly granted Plaintiff's motions to compel further responses. Defendant was ordered to produce further responses within 30 days. Defendant produced supplemental responses on June 7, 2022. On June 24,...

Excerpt: ... a party to this action, fraudulently encumbered the subject property without consent from the owner. (FAC ¶ 3.) Plaintiff alleges that she currently owns the property free and clear, owing nothing to Defendants. Plaintiff has brought this action against Deutsche Bank National Trust Company, the trustee for the holders of the mortgage loan, and Clear Recon Corp., the foreclosure trustee. “This action arises out of Defendants' unlawful, fraudul...

Excerpt: ...rlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG sought to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging...

Excerpt: ...ted causes of action for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) violation of Penal Code section 496, subdivision (c). On April 15, 2022, pursuant to Defendants' demurrer, the Court struck the fourth cause of action and granted leave to amend as to the fraud claim and to allege facts supporting Andrea Oh as a Defendant. The operative Second Amended Complaint, filed May 9, 2022, alleges (1) breach of contract, (2) fraud, ...

Excerpt: ...at the partnership payments were primarily made to his loan-out company, Jet 2 Set, Inc., rather than to Kroytor directly. On February 14, 2022, Kroytor's loan-out company, Jet 2 Set, Inc., filed its own lawsuit against Defendants based on the same facts. On May 3, 2022, the two cases were consolidated by order of Judge Barbara Scheper. On May 11, 2022, Plaintiffs Kroytor and Jet 2 Set, Inc. filed the operative Second Amended Complaint combining ...

Excerpt: ...and Daneilla Krashenny. On January 4, 2021, Plaintiffs obtained a judgment against Defendants Itkin, Zinberg, and Bidding Unlimited. A writ of execution was issued on June 14, 2022. On June 28, 2022, the Court granted Plaintiffs' ex parte application to levy on the bank account of third party Garry Itkin JD, Inc. (“JD Inc.”). On July 5, 2022, Defendant Itkin and third party JD Inc. (collectively “Moving Parties”) filed the instant motion ...

Excerpt: ...on was initiated on October 1, 2020 when Plaintiff and Cross-Defendant Julie Bae (“Bae”) alleged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with th...

Excerpt: ...ing medical leave and accommodation for his disability. On April 11, 2022, Plaintiff served responses to discovery propounded by Defendant. Among those responses were Requests for Admission. On July 1, 2022, Plaintiff filed the instant motion to amend his response to RFA No. 3, which asked Plaintiff to admit that his medical condition did not limit his ability to perform any life activity except working with Ashley Hancock as his supervisor. Plai...

Excerpt: ...nation based on Plaintiff's termination from the Police Chief position. On June 22, 2022, Plaintiff filed the present three motions to compel the further deposition of three city council members who were instructed not to answer various questions regarding the City Manager position. Plaintiff alleges that Defendant fired the sitting City Manager, who had refused to terminate Plaintiff, and replaced him with a City Manager (David Carmany) who was ...

Excerpt: ...ndant has not repaid. Plaintiff alleges that Defendant lied about his intent to invest the money in order to induce Plaintiff into making the loan. On April 21, 2022, Defendant filed the instant demurrer to the complaint, arguing that Plaintiff is improperly attempting to transform a breach of contract into fraud. Defendant also moves to strike punitive damages. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause ...

Excerpt: ...on against Defendants James Campbell Productions, Inc. and Bloomingdales, LLC for unpaid wages following a fashion show. Defendant Campbell 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 Models, ...

Excerpt: ...of action: (1) Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge. The complaint stems from Defendants' refusal to return Plaintiff to work following a medical leave. Plaintiff claimed that Defendants failed to r...

Excerpt: ...f's individual claims, which have been settled. The tenth cause of action arises under the Private Attorney General Act (“PAGA”), and Plaintiff sues under PAGA for personally sustained violations and violations against other aggrieved employees. Plaintiff claims that she and other employees were misclassified as independent contractors and subjected to various wage violations. As a condition of employment, Plaintiff signed an arbitration agre...

Excerpt: ...rence with economic relations; (4) interference with prospective business advantage; (5) breach of nondisclosure; and (6) interference with contractual relations. The matter was tried in January 2019 on the sole cause of action for intentional interference with prospective economic advantage. On January 17, 2019, the jury returned a verdict in favor of Plaintiff against Defendants Real Soda and Daniel Ginsburg. On July 5, 2019, the court also gra...

Excerpt: ... (5) unjust enrichment; and (6) declaratory relief. The lawsuit stems from the following facts. In July 2020, Plaintiff and Defendant entered into a written agreement whereby Plaintiff was to provide Defendant with approximately 50,000 square feet of warehouse space for storage and related facility access. Plaintiff claims that Defendant breached this agreement by failing to pay for the space provided and vacating the premises without the requisi...

Excerpt: ...nt to provide workers' compensation administration for the Los Angeles Fire Department. Plaintiff admittedly did not perform its obligations under the contract relating to staffing and caseloads. However, Plaintiff asserts that its performance was hindered by force majeure (the COVID-19 pandemic) and Defendant's bad faith rejection of Plaintiff's staffing proposals. As a result of Plaintiff's failure to meet the staffing and caseload requirements...

Excerpt: ...n against Defendants Hector Pulido (“Hector”) and Wells Fargo. The operative Second Amended Complaint, filed July 21, 2021, alleges: (1) fraud; (2) specific performance; (3) declaratory relief; (4) unjust enrichment; (5) constructive trust; (6) resulting trust; and (7) equitable lien. Plaintiffs' complaint arises from a dispute over a certain parcel of real property in Whittier, California. Plaintiffs allege that Maria's brother, Defendant He...

Excerpt: ...contract; (2) violation of Consumer Legal Remedies Act; (3) violation of False Advertising Law; and (4) violation of Unfair Competition Law. Plaintiff alleges that he saw an advert for a 2021 Mercedes AMG GT sports car listed by MBSJ on its dealership website and on Autotrader. The price was listed as $340,745, approximately matching the MSRP of the vehicle. Plaintiff alleges that he selected the “Start Purchase Online” option on MBSJ's websi...

Excerpt: ...rom Plaintiff's purchase of a 2019 Nissan Rogue (Vehicle). Request for Judicial Notice Plaintiff's request for judicial notice is GRANTED. Defendant's request for judicial notice is GRANTED. Discussion Defendant Nissan moves to compel Plaintiff to submit this action to binding arbitration. Nissan presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Glendale Nissan. (Thomas Decl. Ex. 3.) T...

Excerpt: ...aw, APC. The operative First Amended Complaint, filed April 27, 2022, asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Plaintiff alleges that Defendants represented him in a personal injury action but failed to communicate a Section 998 offer to Plaintiff and failed to apprise Plaintiff of his appellate rights. Plaintiff lost at trial, and Defendants allegedly did not help Plaintiff negotiate a cost waiver. On Jun...

Excerpt: ...er of a piece of property in La Canada Flintridge, California. Defendant ultimately lost the bid because it was lower than other bids that the seller had received. Defendant falsely blamed this loss on Plaintiff and began publicly accusing Plaintiff of cheating her out of the sale. Specifically, on March 17, 2022, Defendant accosted Plaintiff while Plaintiff was attending a mixer event. In front of Plaintiff's past and potential clients, Defendan...

Excerpt: ...legations. From May 2018 to September 2020, Plaintiff worked as a cook at a Habit Burger Grill restaurant. Plaintiff alleges that she was pregnant and requested accommodations but was still instructed to perform heavy lifting. Plaintiff also alleges that she suffered sexual harassment from another cook, Defendant Bonilla. After Plaintiff reported the harassment, Defendant Habit Employment allegedly did not investigate the claims and instead disci...

Excerpt: ...e Complaint alleges in pertinent part as follows: In March 2019, Plaintiff purchased a new 2019 Ram Truck 3500 (“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 CLRA. (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. Section 1780(e) o...

Excerpt: ...er abuse; (3) intentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence. On February 2, 2022, this Court partially sustained Defendant's demurrer to the complaint. On March 2, 2022, Plaintiff filed the operative First Amended Complaint, which removed the negligence and negligent infliction of emotional distress claims. Plaintiff alleges that in January 2019, he ente...

Excerpt: ...dgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging fraudulen...

Excerpt: ...ment and threats by Defendants, who were Plaintiffs' landlords. On March 18, 2022, Defendants filed the instant special motion to strike on the grounds that Plaintiffs' lawsuit is based on Defendants' service of notices, which constitute protected litigation activity. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsuit that qualifies as a strategic lawsuit ...

Excerpt: ...inst female coworkers based on sex, gender, and religion. Plaintiff alleges that his suspension was motivated by his own complaints of harassment against these same female employees in 2016. In December 2016, Plaintiff filed a Workers' Compensation claim against Defendant for emotional distress arising from a hostile work environment. On November 11, 2021, a Workers' Compensation Judge issued an award in favor of Plaintiff against Defendant. (Rat...

Excerpt: ...t alleges in pertinent part as follows: In August 2019, Plaintiff leased a new 2019 GMC Sierra 1500 (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (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. Section 1780(e) of the CLRA s...

Excerpt: ...ng against Defendants Shlomo Rechnitz (“Rechnitz”), San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On March 21, 2022, Plaintiff serv...

Excerpt: ...ess and Professions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On April 1, 2022, the court GRANTED Defendant's special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). LEGAL STANDARD A special motion to strike under CCP section 425.16 — the anti-SLAPP statute — allows a defendant to seek early dismissal of a laws...

Excerpt: ...s that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after paramedics and police came to assist him. On A...

Excerpt: ... San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On April 29, 2022, Plaintiff served Notices to Appear and Produce at Trial to Defendants...

Excerpt: ...ents to be rejected, resulting in no payment from Plaintiff's customers. A judgment on special verdict was entered April 28, 2022, resulting in a judgment for Plaintiff Speedy Fuel against Defendant Gilbarco in the amount of $777,054.41. On May 10, 2022, Plaintiff filed the instant motion for new trial to include prejudgment interest in the amount of $569,129. LEGAL STANDARD Civil Code section 3287, subdivision (a) sets forth the right to recover...

Excerpt: ...laratory relief. The action stems from an alleged nuisance created by a neighbor who lives upstairs to Plaintiff's condominium unit. The owner of the upstairs unit (“Unit 303”) allegedly replaced the carpet flooring with hardwood without the proper approvals as required by the Covenants, Conditions, and Restrictions (“CC&Rs”), leading to increased noise. The operative First Amended Complaint, filed April 5, 2022, adds causes of action for...

Excerpt: ...ng, (3) fraud, and (4) unfair business practices. The lawsuit arises from the following pertinent allegations. In March 2016, Plaintiffs entered into a contract with Gorilla Corp. (“Gorilla”) for the remodel of Plaintiffs' home. (Compl. ¶ 9.) The agreement contained an arbitration clause covering any claim arising out of or relating to the contract. (Id., ¶ 11.) In March 2018, Gorilla improperly recorded a mechanic's lien for $30,000, an am...

Excerpt: ...sation Insurance Fund (SCIF) for unpaid insurance premiums. SCIF assigned the account to Plaintiff for collection purposes. After receiving unsatisfactory responses to requests for admission, form interrogatories, and requests for production, Plaintiff filed the instant motions to compel further responses. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the p...

Excerpt: ...TANDARD 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. (Code Civ. Proc. § 4...

Excerpt: ...tiff was a barista at a Coffee Bean café. The complaint stems from alleged sexual assaults committed by Plaintiff's supervisor, Defendant Pena. Plaintiff alleges that the store supervisor, Defendant Trujillo, would dismiss Plaintiff's concerns regarding Pena and retaliate against Plaintiff. On April 26, 2022, Defendant International Coffee & Tea, LLC filed the instant motion to compel arbitration. The motion is based on an arbitration agreement ...

Excerpt: ...er the Song-Beverly Act, “the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) For Song-Beverly Act claims, a prevailing buyer has the burden of ...

Excerpt: ...wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly cl...

Excerpt: ... filed its Second Amended Complaint (“SAC”) against Minho Lim (“Lim”), Ki Soon Seo (“Seo”), N9 Int'l Trading, Inc. (“N9”), and Kaldea, Inc. (“Kaldea”) (collectively “Defendants”) alleging thirteen causes of action stemming from Defendants' receipt of kickbacks from Plaintiff's suppliers and customers. Plaintiff hired Lim as a sales associate around June 2016. Lim was responsible for managing Plaintiff's sourcing and sellin...

Excerpt: ...& Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation (collectively “Defendants”). On July 1, 2021, this Court denied Plaintiffs' motion to reopen expert discovery, and on August 9, 2021, denied Plaintiffs' motion for reconsideration of same. On April 1, 2022, the Court denied Plaintiffs' ex parte application to continue the trial date to allow for further discovery. On May 4, 2022, Plaintiffs filed the instan...

Excerpt: ...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 is the value of the Property. County presently moves in limine to exclude various trial exhibits that can be characterized into the following three categories: (1) renderings and information ...

Excerpt: ...ge records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly clas...

Excerpt: ... following causes of action: (1) fraud, (2) aiding and abetting fraud, (3) negligence, (4) violation of Business and Professions Code section 17200, et seq., and (5) common counts. The Complaint alleges in pertinent part as follows. In January 2020, Plaintiff's principal, Danny Young, responded to Oh and Fabien's Korean language advertisement in the Korean Time. Young informed Oh that he was not fluent in English and wanted a Korean language loan...

Excerpt: ...nce, 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 inclusion of CDP in its cook...

Excerpt: ...Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion to strike references to punitive damages. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of that pleading. (Code Civ. Proc., § 435, subd. (b).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike (1) any irrelevant, false, or ...

Excerpt: ...ulcers while staying at Defendants' care facility. Plaintiff alleges that Defendants failed to properly monitor and provide care to him and that the facility was underfunded and understaffed with inadequately trained personnel. On January 18, 2022, Plaintiff filed a separate action for negligence pursuant to Code of Civil Procedure section 377.34, which allows for recovery of pain and suffering in actions filed after January 1, 2022. The actions ...

Excerpt: ...tiff delivered facemasks to Defendants, who have failed to pay. On December 24, 2020, Defendants filed a cross-complaint, alleging that Plaintiff misrepresented the medical grade of the masks. On February 4, 2022, Plaintiff filed a motion to compel responses to Requests for Production (“RFP”) propounded to Defendants Scosi Orthopedics and Dr. Allen Lu (collectively “Defendants”). Defendants had served unverified responses and had not prod...

Excerpt: ...ng (1) breach of contract, (2) money had and received, (3) fraud, and (4) negligent misrepresentation. Plaintiffs allege that Rogers was fraudulently induced into investing $350,000 in 921 Sports Group, a company owned by Peete. Peete allegedly promised to repay the loan. When Peete failed to repay the investment amount, Rogers filed a lawsuit, which resulted in a $250,000 settlement. This action stems from Defendants' alleged breach of the settl...