Excerpt: ...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. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contractor. Desai init...

Excerpt: ...rly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Bolt EUV (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...

Excerpt: ...h of contract and (2) breach of the implied covenant of good faith and fair dealing. Plaintiffs operate an insurance brokerage that obtains insurance for retail businesses. (Compl. ¶ 2.) Plaintiffs were sued in July 2021 by operators of a bar in Los Angeles (Underlying Action). (Ibid.) Plaintiffs allege that their insurance policy with Defendant covers claims such as those made in the Underlying Action. (Id., ¶ 3.) Defendant allegedly accepted ...

Excerpt: ...the covenant of good faith and fair dealing, and (5) conversion. After a court trial on March 28, 2023, the Court granted judgment in favor of Defendant on April 21, 2023. On October 9, 2023, Defendant filed a Memorandum of Costs After Judgment (MOC), claiming $7,945 in costs. On October 27, 2023, Plaintiff Herrera filed the instant motion to tax costs. Defendant filed its opposition on November 14, 2023. LEGAL STANDARD Code of Civil Procedure se...

Excerpt: ..., (2) foreclosure of mechanic's lien, (3) violation of Civil Code section 8800, (4) breach of the implied covenant of good faith and fair dealing, and (5) common counts. The complaint arises from unpaid work that Plaintiff, a contractor, performed on the home of Defendant Messer. Plaintiff contracted with Defendants TNT Simmonds and J. Alexander Company to serve as a contractor for the fabrication and erection of structural steel for the build. T...

Excerpt: ...intiff filed her opposition on November 14, 2023. Defendants filed their reply on November 20, 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 enforceable, save upon such grounds as exist at law or in ...

Excerpt: ...ming from harassment, discrimination and retaliation, wrongful termination, and wage violations. Plaintiffs allege that they experienced and spoke out against sexual harassment and discrimination, and reported illegal or unsafe working conditions, only to suffer retaliation for doing so. On October 17, 2023, Plaintiffs filed the instant four motions to compel further responses from Defendant Touchstone Golf, LLC to Requests for Production, Form I...

Excerpt: ...ns and Labor Code penalties, as well as a PAGA claim on behalf of other aggrieved employees. On September 25, 2023, Plaintiff filed the instant motion to compel further responses to her Requests for Production Set One. Defendant filed its opposition on September 25, 2023. Plaintiff filed her reply on November 9, 2023. LEGAL STANDARD On receipt of a response to RFPs, the propounding party may move for an order compelling a further response if the ...

Excerpt: ...ctive economic advantage, and (4) unjust enrichment. The dispute between the parties stems from an earlier lawsuit, Doe, et al. v. Haddish, et al. (22STCV28473), in which Plaintiff's two children alleged that Defendants sexually abused them during filming of purported skits. Defendants allegedly responded to the lawsuit by publishing false and defamatory statements accusing Plaintiff of extortion. These alleged defamatory statements led to the in...

Excerpt: ...on of public policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her. On December 16, 2022, Defendant filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff filed her opposition on November 3, 2023. Defendant filed its reply on November 9, 2023. LEGAL STANDARD The function of a motion for summary judgment or adjudication is...

Excerpt: ...Health Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed the operative First Amended Complaint on S...

Excerpt: ...Holdings) filed this action against Defendant and Cross-Complainant SMG Mountain Intermediate Holdings, LLC (SMG Mountain), asserting a single cause of action for breach of contract. The complaint alleges that SMG Holdings and an individual named Andrew Fromm (the Sellers) entered into an Equity Purchase Agreement (EPA) with SMG Mountain (the Buyer). Under the EPA, SMG Mountain agreed to purchase all outstanding membership interests in SMG Holdin...

Excerpt: ...led 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 (“Plaintiff”) was subst...

Excerpt: ...ntiff's care at a nursing facility. The operative First Amended Complaint was filed on March 1, 2023 and asserts causes of action for elder abuse, negligence, and violation of the Patient's Bill of Rights. The parties initially stipulated to arbitration based on an arbitration agreement. On October 16, 2023, Plaintiff filed the instant motion to withdraw from arbitration based on Defendants' failure to pay arbitration fees. Defendants filed their...

Excerpt: ...ve First Amended Complaint on January 23, 2023, asserting (1) breach of contract and (2) quantum meruit. The FAC alleges that the parties entered into a written fee agreement in 2004, which encompassed representation in several matters. (FAC ¶ 7.) Plaintiff was retained to represent Defendant in business matters related to Defendant's divorce. (Id., ¶ 8.) Around July 2011, Plaintiff left the law firm he was working for and formed his own firm, ...

Excerpt: ...rminated after reporting a manager's inappropriate touching. On October 17, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff filed his opposition on October 30, 2023. Defendants filed their reply on November 3, 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...

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...