Excerpt: ...ed 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 dextro...

Excerpt: ...ment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) violation of Civil Code section 1942.4; (6) unfair business practices; and (7) constructive eviction. Plaintiffs are various tenants residing in the subject property, and Defendants are allegedly the owners or managers of the property. Plaintiffs allege that they have consistently complained to Defendants about num...

Excerpt: ... on July 29, 2023, the Court entered default judgment for Plaintiff in the amount of $8,890.53. On December 8, 2023, Defendant filed the instant motion to set aside the default. Plaintiff has not filed an opposition. LEGAL STANDARD “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadverten...

Excerpt: ... 2023, Defendants Jeffrey Breitman and Marla Breitman filed the instant motion to quash service of summons. Plaintiff filed his opposition on January 5, 2023. Defendants filed their reply on January 11, 2024. LEGAL STANDARD “[T]he court in which an action is pending has jurisdiction over a party from the time summons is served on him as provided by Chapter 4 (commencing with Section 413.10).” (Code Civ. Proc, § 410.50(a).) “[A] court acqui...

Excerpt: ...Amended Complaint, filed January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The incident allegedly le...

Excerpt: ...rance 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 cause ...

Excerpt: ...uciary duty, (2) intentional fraud, (3) negligent misrepresentation, (4) elder abuse, (5) financial elder abuse, (6) intentional infliction of emotional distress, (7) negligence, and (8) unfair competition. On December 13, 2023, Defendant Lai filed the instant motion for protective order to preclude discovery into her romantic and sexual life, as well as her financial and business dealings with third parties. Plaintiffs filed their opposition on ...

Excerpt: ...the instant motion to compel arbitration. Plaintiff filed his opposition on December 28, 2023, one day late. Nonetheless, Defendant was able to file a substantive reply on January 3, 2024. Therefore, the Court will proceed on the merits. 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 aris...

Excerpt: ... owned or managed the property at various times throughout Plaintiffs' tenancy. The operative Third Amended Complaint was filed on June 7, 2023. The action now involves sixty-one Plaintiffs. On November 27, 2023, Plaintiffs filed the instant motion for sanctions against Defendant Mashcole Property Management, Inc. based on Defendant's failure to properly respond to discovery after a court order. Defendant filed its opposition on December 27, 2023...

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: ...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: ...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: ...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: ...) 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: ...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: ... 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: ...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: ... 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: ...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...