Excerpt: ...tsego St., North Hollywood, CA 91601 (“the Property”). The action arises out of Plaintiff's default of a $500,000 The Complaint alleges nine causes of action: (1) violation of California Civil Code §2924.17; (2) violation of California Civil Code §2943; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) negligence; (6) violation of the Rosenthal Fair Debt Collection Practices Act; (7) violation of California Civil Code �...

Excerpt: .... The lease agreement was executed by Plaintiff Summit Media, LLC (“Plaintiff”) as the lessee, and Defendant Vivi Stafford as lessor on behalf of her and the co-owners. On April 3,2017, Plaintiff filed a Second Amended Complaint, which alleged the following causes of action: (1) Breach of Contract; (2) Slander; and (3) Extortion. On June 26, 2017, the Court issued an order sustaining the demurrer as to Plaintiff's extortion cause of action, w...

Excerpt: ...“Defendant.”) Plaintiff alleges that Defendant refused to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage i...

Excerpt: ...causes of action: (1) breach of contract; (2) retaliation; (3) failure to accommodate; (4) failure to engage in good faith interactive process; (5) wrongful termination; (6) intentional infliction of emotional distress; and (7) tortious interference with contract. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency...

Excerpt: ...fendant Dignity Health, Inc. (“Dignity”) owned and/or operated Northridge Hospital Medical Center (“Hospital”), where Plaintiff worked. Plaintiff alleges that Dignity exercised sufficient control over Plaintiff to be considered Plaintiff's employer. Defendant Shannon Bernal (“Bernal”) held a managerial nurse position with Dignity. Plaintiff alleges that she told Bernal that the team triage was “horrible” and “dangerous,” and c...

Excerpt: ...lief; (3) instructions pursuant to Probate Code Section 17200; and (4) interference with contract against Defendants Cooperative of American Physicians, Inc. (“CAP”), et al. CAP is a cooperative corporation comprised of licensed physicians for the purpose of providing a reserve for the payment of potential professional negligence liability. The members of CAP are parties to a trust agreement, known as Mutual Protection Trust (“MPT”). MPT ...

Excerpt: ... (3) failure to prevent; (4) retaliation; (5) wrongful discharge; (6) wrongful discharge in violation of public policy; (7) intentional infliction of emotional distress; (8) failure to investigate/take corrective action; and (9) unfair business practices. EVIDENTIARY OBJECTIONS The Court rules on Plaintiff's evidentiary objections to the Declaration of Corey Crickmore as follows: 1. OVERRULED. 2. SUSTAINED. 3. OVERRULED. 4. OVERRULED. DISCUSSION ...

Excerpt: ...005100470003004f0048>asing of real properties (“Subject Properties”). Plaintiffs allege that they own a fifty-percent interest in the Subject Properties. Plaintiffs assert causes of action for (1) winding up of partnership by receiver, (2) declaratory relief, (3) conversion, (4) breach of fiduciary duty, (5) imposition of a constructive trust, (6) injunctive relief, (7) an accounting, (8) breach of contract, (9) partition, and (10) fraud. On ...

Excerpt: ...) denial of medical care; (3) retaliation; (4) failure to properly screen and hire; (5) failure to properly train; (6) failure to supervise and discipline; (7) violation of the Bane Act; (8) assault; (9) battery; (10) negligence; and (11) intentional infliction of emotional distress. As set forth in the complaint, Plaintiff alleges Long Beach police officers came to Plaintiff's house and used unnecessary and excessive force while handcuffing Plai...

Excerpt: ...rty was deemed a public nuisance by court order in , and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba ...

Excerpt: ...nts Mercedes-Benz USA, LLC and Keyes European, LLC (collectively “Defendants”) point out that the fees in this case are awarded pursuant to a full Release, Settlement Agreement and Confidentiality Agreement, which provides for “MBUSA;s payment of Releasor's reasonably-incurred court costs, attorney's fees and legal expenses pursuant to California Civil Code Section 1794(d) as prevailing party, all to be determined by court motion if the par...

Excerpt: ...il 20, 2017. The First Amended Complaint (“FAC”) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017. DISCUSSION If a subpoena requires the attendance of a witness ...

Excerpt: ...The case arises from a written loan agreement Plaintiff entered into on or around March 18, 2011 with HELPUFINANCE.COM (“the loan”). Plaintiff alleges that First American was named as the trustee under the Deed of Trust. Plaintiff alleges that on or around multiple Notices of Default and Election to Sell Under Deed of Trust on Plaintiff's property were filed without proper notice to Plaintiff that the named trustees had changed and the named ...

Excerpt: ...; (3) failure to prevent discrimination and retaliation; and (4) declaratory judgment. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. Ap...

Excerpt: ...lations of the Labor Code, conversion, unfair competition, and disability discrimination. DISCUSSION “[T]he authority of a trial court ‘to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers.”' ‘Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical sta...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 HEE SK LLC (“Defendant”) moves for an award of attorneys'...

Excerpt: ..., trustees of the F. Cardinal Coate and Lorna F. Coate Trust, dated June 28, 1982 (“Defendants”) are the record tittle owners of a commercial real property located in Commerce, CA (“Premises”). The parties entered into a lease agreement in December 2006. Plaintiff alleges that a dispute arose in August 2011 with respect to certain terms and provisions of the lease agreement. In March 2015, Defendants served Plaintiff with a three-day noti...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 S WESTERN LLC (“Defendant”) moves for an award of attorne...

Excerpt: ...et, Los Angeles, CA 90021 (“the Premises”). Plaintiff/Cross-Defendants Sky High Investments Company LLC and Morad Neman (“Cross-Defendants”) filed a Complaint for breach of contract against Cesar Lara on August 9, 2017. Defendant/Cross- Complainant Cesar Lara (“Cross-Complainant”) filed a Cross Complaint on December 27, 2017 and a First Amended Cross Complaint (“FACC”) on February 2, 2018. The FACC alleges the following causes of ...

Excerpt: ...ant Union Rescue Mission (“UMR”) filed a Demurrer to Complaint on the grounds that Complaint does not allege sufficient facts to state any valid cause of action against UMR. It has come to the Court's attention that Plaintiff Robinson was declared a vexatious litigant on March 13, 2012 in Los Angeles Superior Court case NC056093. To date, Plaintiff has not fulfilled her prefiling requirement pursuant to CCP § 391.7. DISCUSSION A. Order to Sh...

Excerpt: ...eoFilm, Inc. (“MVF”). Barkat alleges that he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley[1] and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breac...

Excerpt: ...to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) declaratory judgmen...

Excerpt: ...tal, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and television production companies in Latin Ameri...

Excerpt: ...rmation of other tenants who currently live or have lived at 3800 W. 27 th St., Los Angeles, CA 90018 (“the complex”.) Plaintiffs have alleged that Defendant has allowed their resident manager to discriminate against families with children in the operation of the complex, namely, by refusing to let children play outside in common areas. (Complaint ¶14, 16. ) Plaintiffs propounded their first set of special interrogatories on Defendant on Nov...

Excerpt: ...et one, No. 1-102. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the moving party hasshown good cause for the RFPs, the burden is on the objecting party to justify the objections. (Kirkland v. Sup. Ct (2002) 95 Cal. App. 4th 92, 98.) Plaintiff alleges claims fo...