Excerpt: ...“Gross Property”). (Compl. ¶ 1.) The property is a one-story commercial building containing various restaurants and retail businesses. (Id., ¶ 7.) Defendant owns an adjacent property (“Castelo Heights Property”). (Id., ¶ 2.) There is a public alleyway abutting both properties, which patrons of the businesses access by traversing a driveway in between the properties. (Compl. ¶ 7.) The driveway begins from Ventura Boulevard to the south...

Excerpt: ...ive First Amended Complaint (“FAC”) was filed on August 26, 2020, alleging causes of action for (1) breach of contract; (2) judicial foreclosure; (3) services rendered; (4) quantum meruit; and (5) specific performance. Plaintiff alleges that he represented Defendant in an underlying lawsuit involving real property and prevailed but that Defendant has refused to pay him the agreed-upon fee. Plaintiff alleges that the parties agreed for Defenda...

Excerpt: ...negligence, 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 i...

Excerpt: ...sional Corporation, and Edward Aslanian, alleging the following causes of action: (1) dental malpractice; (2) lack of informed consent; (3) medical battery; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) fraudulent concealment. Plaintiff alleges that he retained Defendant Sarkissian for help with his dental issues and was Sarkissian's patient from April 2015 to September 2017. (Compl. ¶ 7.) Plaintiff also allegedly r...

Excerpt: ...who was sued in federal district court and held liable for the wrongful arrest of her neighbor, Crystal Holmes. Defendants are attorneys who represented Plaintiff in the underlying Holmes action. Plaintiff alleges that Defendants did not adequately represent her interests and failed to raise various defenses, including qualified immunity. On April 6, 2022, Defendants filed the instant motion to stay the proceedings and vacate the trial date on th...

Excerpt: ...fraud, negligence, and strict liability; (3) violations of Magnuson-Moss Warranty Act; and (4) violations of Business and Professional Code. The Complaint alleges in pertinent part as follows: In December 2020, Plaintiff purchased a new 2021 Mercedes-Benz GLE53C$ (“Vehicle”) manufactured by Defendant. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under Song-B...

Excerpt: ...Complaint (“FAC”) was filed on January 24, 2022. The FAC alleges 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 Car...

Excerpt: ...ies Plaintiff sustained from a fall at her home while in Defendant's care. On October 6, 2021, this Court sustained Defendant's demurrer to the first cause of action for elder abuse with leave to amend. On February 16, 2022, the Court sustained a demurrer to the same cause of action in the First Amended Complaint. On March 24, 2022, Plaintiff filed the operative Second Amended Complaint, and Defendant presently demurs once again to the elder abus...

Excerpt: ...isney Parks and Resorts U.S., Inc., Disney Worldwide Services, Inc., and Rona Kay (“Kay”), alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (“Eid”) and Janae Bueno (“Bueno”) and asserts additional FEHA claims. Plaintiffs worked for Disney from the 1980s until 2019, when they were termin...

Excerpt: ...nt misrepresentation; (3) breach of contract; (4) violation of Business and Professions Code section 17200; (5) bond claim; and (6) violation of the Consumer Legal Remedies Act. The action stems from Plaintiff's purchase of a vehicle from Defendant All in Auto Group, Inc. Defendant's sales staff informed Plaintiff that the vehicle was in good condition with no defects. However, the vehicle went into limp mode and had structural damage from a prio...

Excerpt: ...al district court and held liable for the wrongful arrest of her neighbor, Crystal Holmes. Defendants are attorneys who represented Plaintiff in the underlying Holmes action. Plaintiff alleges that Defendants did not adequately represent her interests and failed to raise various defenses, including qualified immunity. On February 25, 2022, Defendants filed the instant motion to strike references to qualified immunity, attorney's fees, expert fees...

Excerpt: ...LLC); BC Design & Development, Inc. (“BC Design”); and Does 1 through 10. The Complaint relates to the construction of a 12,000 square foot single-family residence located at 1814 Marcheeta Place, Los Angles, California (the “Project”). The Complaint asserts causes of action for: (1) Money Due on Contract; (2) Foreclose Mechanic's Lien; (3) Open Book Account; (4) Reasonable Value of Labor and Materials Furnished; and (5) Breach of Implied...

Excerpt: ...ies, LLC. Through his membership interest in the LLC, Plaintiff also claims a 50% interest in certain real property, investments, and accounts. Through this action, Plaintiff seeks an involuntary dissolution of the LLC and partition by sale of the property, investments, and accounts. On November 19, 2021, Defendant filed a cross-complaint alleging (1) breach of fiduciary duty, (2) conversion, (3) involuntary dissolution, (4) breach of the covenan...

Excerpt: ...rofessions Code, and (3) conversion. The action stems from a home improvement remodeling contract between the parties. Defendants allegedly sent Plaintiff a proposal to perform work on two bathrooms within certain property owned by Plaintiff. Plaintiff allegedly accepted the proposal, forming a contract. Defendants allegedly breached the contract because the project was incomplete, and the work that was done was not in a workmanlike manner as agr...

Excerpt: ...s of action based on FEHA, CFRA, and the Labor Code. Among other things, Plaintiff alleges that he was discriminated against due to a physical disability and that he suffered emotional distress. On February 17, 2022, Defendant Kinkisharyo International, LLC served subpoenas to seven medical providers requesting production of Plaintiff's medical records. On March 2, 2022, Plaintiff sent each provider an objection letter directing them not to compl...

Excerpt: ... filed January 31, 2022, adds Plaintiffs Cynthia Seixas and Ronald Seixas. The FAC asserts causes of action for (1-2) elder abuse, (3) professional negligence, (4) wrongful death, (5) negligent infliction of emotional distress, and (6) violation of patient's rights. Plaintiffs are the surviving children of decedent Sara Seixas (“Decedent”). Plaintiffs allege that Decedent was a resident at Defendants' care facilities. As a result of alleged n...

Excerpt: ...s prosecution claim arises from an underlying action filed by Dolores against Rochelle and Jesse for: (1) intentional interference with parental consortium; (2) intentional infliction of emotional distress; (3) conspiracy; (4) elder abuse; (5) false light; (6) assault and battery; and (7) domestic violence. Dolores alleged that Rochelle exercised undue influence over Dolores' mother, Lucy Torres (“Lucy”) and caused Lucy to reject Dolores from...

Excerpt: ...lowing facts. In June 2007, AMAG entered into loan and security agreements with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had breached the loan agreement and owed AMAG approximately $...

Excerpt: ...act, (2) breach of good faith and fair dealing, and (3) wrongful termination in violation of public policy. Plaintiff has identified Does 1-3 as Burbank Subtenant LP, SRG Pacific Management LLC, and SRG Operating, Inc. (collectively “Doe Defendants”). The Doe Defendants' demurrer was sustained in part on August 18, 2021. The Court dismissed with prejudice Plaintiff's claims for breach of contract and breach of the covenant of good faith and f...

Excerpt: ...ts causes of action for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) violation of Penal Code section 496, subdivision (c). The FAC alleges that Defendants rented an apartment from Plaintiff from December 2020 to March 2021. Defendants paid a total of $19,277.01 but then allegedly asked the credit card company for a chargeback on the false premise that they did not receive what they bargained for. As a result, Defendants essen...

Excerpt: ... holding the arbitration remotely. After conferring with Respondents, the arbitrator decided to proceed remotely. Respondents did not appear at the arbitration hearing in order to avoid waiving their objection. The arbitrator issued an award in favor of Petitioner. LEGAL STANDARD “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) A petition ...

Excerpt: ...ained or developed defects. Plaintiff asserts causes of action for various warranty causes of action and cause of action for Violation of California Business and Professions Code, Section 17531, Conversion, and Negligence. Demurrer FCA demurrers to the following causes of action: 9 th Cause of Action - Violation of Violation of California Business and Professions Code, Section 17531; 10 th Cause of Action – Conversion; and 11 th Cause of Action...

Excerpt: ...ons 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 Ezlawpay), two corporate officers of Payink...

Excerpt: ...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 January 26, 2022, Defendants filed the instant demurrer to the first cause of action for elder abuse. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal....

Excerpt: ...gainst Polymer80, Inc., David Borges, and Loran Kelley (collectively “Defendants”). The complaint arises from Defendants' production and sale of “ghost gun” kits. Plaintiff alleges that Defendants' conduct violates the Federal Gun Control Act (“GCA”) and Child Safety Lock Act (“CSLA”), as well as the California Unsafe Handgun Act (“CUHA”) and Assembly of Firearms Law (“AFL”). (Compl. ¶¶ 39-61.) These violations form the ...

Excerpt: ..., and (4) declaratory 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. On January 28, 2022, Defendant filed the instant demurrer to the fourth ...

Excerpt: ... Pendragon Jaffee. The operative complaint is the First Amended Complaint filed January 12, 2022, which added a fifth cause of action for fraud. “Plaintiff Hulsa is a network marketing company that engages in the sale of consumer goods.” (FAC ¶ 8.) On August 26, 2021, Plaintiff and Defendant ECS entered into a Term Sheet, a mostly nonbinding summary of proposed terms that the parties intended to memorialize in subsequent contracts. (Id., ¶ ...

Excerpt: ...ay out insurance 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 presently move for judgment on the pleadings on the grounds that the language of the policies precludes Plaintiff's recovery. LEGAL STANDARD A motion for judgment on the pleadings may be made on the same grounds as those supporting a g...

Excerpt: ... LLC, Rockport Administrative Services, LLC, and Steven Stroll. The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. On December 13, 2021, Plaintiff filed the instant motion for trial preference. Plaintiff is a 91-year-old woman suffering from multiple medical conditions and is predicted to have less than 6 months to live. (Attarchi Decl. ¶¶ 6-10.) LEGAL STANDARD “A party to a civ...

Excerpt: ...ns Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On December 23, 2021, Defendant filed the instant special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). The motion was not heard on the original hearing date of January 21, 2022 due to an error Defendant encountered in attempting to appear telephonically. Defendant ref...

Excerpt: ...ach 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 February 16, 2022, Defendant filed the instant demurrer to all three cau...

Excerpt: ...loped pressure 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. Plaintiff presently moves for an order to compel compliance with a deposition subpoena issued to nonparty Mission Home Health (“MHH”). Plaintiff seeks medical records pertaining to himself. MHH has not a...

Excerpt: ...each 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 February 16, 2022, Defendant filed the instant demurrer to all three ca...

Excerpt: ...s Court granted Defendant's motion to compel arbitration. On June 17, 2021, Plaintiff made a demand for arbitration with the American Arbitration Association (“AAA”). A dispute then arose regarding the amount of filing fee that Plaintiff was to pay. After exchanging correspondence with both parties, AAA issued a letter on July 20 demanding payment of the full $2,200 filing fee from Defendant. The letter gave Defendant until September 3 to mak...

Excerpt: ... 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. The present motion to quash relates to four subpoenas served by Defendants to the following medical providers: (1) St. Mary Nephrology Medical Center, 3900 San Dimas Street, Bakersfield, California 93301; (2) The Rehabilitati...

Excerpt: ...Wilson, Byron K. Wilson Revocable Trust, and The Imperial. The complaint alleges (1-2) negligence, (3) breach of the implied covenant of habitability, (4) retaliation, (5) negligent infliction of emotional distress, and (6) breach of contract. Plaintiff and her disabled adult son live in a cooperative apartment development called The Imperial. (FAC ¶¶ 12-14.) Plaintiff and her son live in Unit 2, owned by Defendants Gary and Gardenia Celestin. ...

Excerpt: ...iff's alleged sexual assault by two students attending Defendant Los Angeles Unified School District (“LAUSD”). Plaintiff's claims against LAUSD center around the adequacy of LAUSD's investigation into the alleged assault. LAUSD had determined that Plaintiff's claims were unsubstantiated and took no further action. LAUSD presently seeks to compel the mental examination of Plaintiff. There is no dispute over good cause for the exam, but the pa...

Excerpt: ...intiff alleges that he was subjected to a hostile work environment based on his race. After Plaintiff reported his concerns, Defendant allegedly subjected Plaintiff to investigations, resulting in Plaintiff's suspension. On November 17, 2021, Plaintiff filed the instant Pitchess motion for the contact information of Lieutenant Laurie Devine. Lt. Devine was the lead investigator for the complaints filed by and against Plaintiff. Lt. Devine was res...

Excerpt: ...reby Plaintiffs were induced into investing their money and labor into a grocery delivery business with the promise of monetary returns and partnership interests. Plaintiffs allege that they were never provided the returns owed to them and never made partners of the company despite Defendants' promises. Defendants Anthony Zheng, The Woww Group LLC, Woww Group, Inc., and Woww Group, Inc. (Delaware) presently demur to the complaint and move to stri...

Excerpt: ...each of contract; (2) breach of fiduciary duty; (3) involuntary dissolution; (4) accounting; (5) compel production of books and records; (6) appointment of receiver; and (7) declaratory relief. Plaintiff is a member of Mesa and a 19% owner. Defendants Weinberger and Mahan are managing members of Mesa. The action stems from Weinberger's and Mahan's alleged mismanagement of Mesa and failure to provide the company's financial records in an attempt t...

Excerpt: ...C”) and Edwin Lopez (“Lopez”), alleging: (1) negligent hiring; (2) negligent infliction of emotional distress; (3) general negligence/malpractice; (4) sexual harassment; and (5) sexual battery. Plaintiff alleges that Lopez, a medical assistant working for SCIMC, sexually molested him while applying a prescribed ointment for a work-related injury. SCIMC presently moves for summary judgment primarily on the grounds that the alleged assault wa...

Excerpt: ...rance Fund (SCIF) for unpaid insurance premiums. SCIF assigned the account to Plaintiff for collection purposes. After receiving unsatisfactory responses to requests for admission and form interrogatories, Plaintiff filed motions to compel further responses, which the Court granted on December 15, 2021. After receiving further responses that it believes are still deficient and therefore violative of the December 15 order, Plaintiff has filed the ...

Excerpt: ...r Promotions. Defendants Banner, Pelullo, and DePhilippis have filed identical motions to quash service of summons based on a forum selection clause within the contract. Defendant McGary did not file a motion to quash. Plaintiff has filed an opposition. LEGAL STANDARD A defendant may serve and file a notice of motion to quash service of summons on the ground that the court lacks jurisdiction. (Code Civ. Proc., § 418.10, subd. (a).) “When a cou...

Excerpt: ...ratory relief against Defendants Vahe Saribkeyan, Daniel Vazquez, Alexander Wolf, and Paul Sung. State Farm sought a judicial declaration that Defendants were not entitled to any benefits under the policy arising from a June 2020 automobile accident. State Farm alleges that Defendants made material misrepresentations in violation of the policy. On December 15, 2021, Vahe Saribkeyan filed a cross-complaint against State Farm for breach of contract...

Excerpt: ...l settlement offer to settle all claims for $70,000. Defendants accepted the offer and now move to enforce the purported agreement. Plaintiff argues that its counsel inadvertently omitted that the offer was for $70,000 per plaintiff, not $70,000 in total. LEGAL STANDARD Code of Civil Procedure section 664.6 provides:¿“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally befo...

Excerpt: ...rpee (“Burpee”) (collectively “Defendants”), alleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional interference with prospective economic relations; and (4) unfair business practices. The complaint arises from an agreement between Plaintiff and Defendant Claim Advisor, whereby Plaintiff would pay $30,000 and Claim Advisor would refer at least $15...

Excerpt: ... 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 sh...

Excerpt: ...leging breach of promissory note and eight other causes of action arising from loans Plaintiffs made to Cashbloom. Plaintiffs made various loans to Cashbloom from May 2011 to December 2017 totaling $1.95 million. (UMF No. 7.) The loans were undocumented until two promissory notes issued in January 2016 for $300,000 and $400,000. (UMF No. 11.) The last and operative promissory note was issued in December 2017 for $1.95 million. (UMF No. 12.) Plain...

Excerpt: ...21. The Complaint asserts causes of action for (1) breach of implied warranty under Song-Beverly; (2) breach of express warranty under Song-Beverly; and (3) fraudulent inducement. The causes of action arise from Plaintiffs' purchase of a 2017 Honda Pilot (Vehicle). Discussion A. The equitable estoppel doctrine applies and Honda may compel Plaintiffs to arbitrate his claims against Nissan. Defendant Honda moves to compel Plaintiff to submit this a...

Excerpt: ... Michael M. Levin (“Levin”), alleging causes of action for legal malpractice against the Hollins Defendants and negligence against Levin. Plaintiff later amended his complaint to drop the negligence claim against Levin and instead assert breach of contract, interference with prospective economic advantage, and implied equitable indemnity against Levin. The operative complaint is the First Amended Complaint filed September 10, 2021. Plaintiff ...

Excerpt: ...fied from a promotion and demoted for purportedly failing to obtain the requisite training. Plaintiff has filed the instant Pitchess motion to obtain the personnel records of the people selected for the deputy position that Plaintiff was denied, as well as records on Defendant's investigation into Plaintiff's complaint of discrimination. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Pe...

Excerpt: ...took were covered by the claimed warranties. Judgment was entered on November 9, 2021. On January 11, 2022, Defendant filed its Memorandum of Costs (“MOC”) totaling $15,022.64. On January 28, 2022, Plaintiff filed the instant motion to tax the entirety of Defendant's costs on the grounds that recovery is barred by the Song-Beverly Act, that Defendant did not make a 998 offer, and that the costs are unreasonable. LEGAL STANDARD The statutory s...

Excerpt: ...curate 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 prop...

Excerpt: ...(collectively “Hollins Defendants”), and Michael M. Levin (“Levin”), alleging causes of action for legal malpractice against the Hollins Defendants and negligence against Levin. Plaintiff later amended his complaint to drop the negligence claim against Levin and instead assert breach of contract, interference with prospective economic advantage, and implied equitable indemnity against Levin. The operative complaint is the First Amended Co...

Excerpt: ...edical Systems, Inc., Southern California Healthcare Systems, Inc., and Alta Hospitals System, LLC (collectively “Defendants”). 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. Defendants have not moved to compel arbitration due to the rule set forth in Iskanian v. CLS Transportation Los Angel...

Excerpt: ...uses of action for (1) breach of implied warranty under the Song-Beverly and (2) breach of express warranty under the Song-Beverly Act. The causes of action arise from Plaintiff's purchase of a 2019 BMW X5 (Vehicle). BMWNA is the only defendant left in this action. Plaintiffs have dismissed the other named defendants. Discussion Defendant BMWNA moves to compel Plaintiffs to submit this action to binding arbitration. BMWNA presents a copy of the V...

Excerpt: ...en adjacent assessor's parcels (“Property”), located on 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 six witnesses it contends are irrelevant to the remaining...

Excerpt: ...'s deposition was initially taken on November 3, 2021. During that deposition, Plaintiff revealed that she was in possession of daily notes taken during her time working for Defendant, which were responsive to a production request. Plaintiff had inadvertently failed to produce these notes, which include communications with Defendant and complaints from other female employees. Plaintiff subsequently produced the notes on December 13, 2021. On Janu...

Excerpt: ...llac. As a result, Plaintiff was the liaison between GM and 19 GM dealerships in the Los Angeles area. Plaintiff alleges that two of those dealerships, Defendants Crestview Cadillac (“Crestview”) and Dutton Motor Company (“Dutton”), interfered with Plaintiff's employment by contributing to GM's decision to terminate Plaintiff based on her race. Plaintiff was terminated for purportedly failing to report fraud being committed by Martin Cadi...

Excerpt: ...rez (“Gutierrez”) (collectively “Defendants”), alleging seven causes of action for discrimination, harassment, retaliation, failure to accommodate, failure to prevent FEHA violations, and violation of equal pay. On October 29, 2021, this Court granted in part Plaintiff's motion to compel further responses to requests for production. The Court ordered Defendants to produce the unredacted identifying information of certain employees. Howeve...

Excerpt: ...a operates a skilled nursing facility (“SNF”). There is currently in arbitration a landlord-tenant dispute between PDD and Sela, wherein PDD alleges that the lease with Sela ends March 2022 because Sela failed to exercise an extension option. PDD also asserts in the claim that Sela has a continuing obligation to cooperate with PDD in transferring operation of the SNF to a new operator. After communications with Sela indicating that Sela inten...

Excerpt: ... for: (1) breach of contract; (2) fraud; (3) intentional interference with contractual relations; (4) theft of trade secrets; (5) unjust enrichment; and (6) violations of the Unfair Competition Law. Plaintiff is a professional writer and novelist who has co-authored books with various Hollywood celebrities. (FAC ¶ 8.) Defendants are reality television personalities from the show Vanderpump Rules. (Id., ¶ 9.) Plaintiff alleges that she contracte...

Excerpt: ...ty Workforce, Inc., Workforce Outsourcing, Inc., and Geneva Staffing, Inc. (collectively “Priority Defendants”). On May 19, 2021, this Court granted Defendants' motions to compel arbitration and stayed the action in its entirety. On January 18, 2022, Plaintiff filed the instant motion to vacate the Court's May 19 order on the grounds that Defendants have failed to timely pay the required arbitration fees. City Fibers and the Priority Defendan...

Excerpt: ...er and director of Defendant and Cross-Complainant Evolve Healthcare (“Evolve”). On January 24, 2022, Goldstein and Evolve filed the operative First Amended Cross-Complaint (“FACC”) against Stier, alleging defamation and intentional infliction of emotional distress (“IIED”). The FACC alleges that Stier made various statements to Goldstein's associates in an attempt to ruin Goldstein's and Evolve's reputation. On January 28, 2022, Stie...

Excerpt: ... (collectively “Defendants”). The complaint arises from Defendants' production and sale of “ghost gun” kits. Plaintiff alleges that Defendants' conduct violates the Federal Gun Control Act (“GCA”) and Child Safety Lock Act (“CSLA”), as well as the California Unsafe Handgun Act (“CUHA”) and Assembly of Firearms Law (“AFL”). (Compl. ¶¶ 39-61.) These violations form the basis for Plaintiff's UCL claim, which alleges that De...

Excerpt: ...ng from injuries Plaintiff sustained from a fall at her home while in Defendant's care. On October 6, 2021, this Court sustained Defendant's demurrer to the first cause of action for elder abuse with leave to amend. On January 13, 2022, Defendant filed the instant demurrer to the first cause of action in the First Amended Complaint (“FAC”). LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v...

Excerpt: ...icious prosecution claim arises from an underlying action filed by Dolores against Rochelle and Jesse for: (1) intentional interference with parental consortium; (2) intentional infliction of emotional distress; (3) conspiracy; (4) elder abuse; (5) false light; (6) assault and battery; and (7) domestic violence. Dolores alleged that Rochelle exercised undue influence over Dolores' mother, Lucy Torres (“Lucy”) and caused Lucy to reject Dolores...

Excerpt: ...of action: (1) breach of the implied warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress; (5) private nuisance; (6) violation of Civil Code section 1942.4; and (7) violation of Buisness and Professions Code section 17200. Plaintiffs are residents of a detached residential unit located on property in San Pedro, California (the “Unit”). (Compl. �...

Excerpt: ...laint (“FAC”) filed on January 13, 2021. The FAC alleges two causes of action: (1) retaliation in violation of Health and Safety Code section 1278.5; and (2) whistleblower retaliation in violation of Labor Code section 1102.5. Plaintiff is an associate professor and physician-scientist at UCLA's OB/GYN department. (Def.'s Undisputed Material Facts (“UMF”) No. 1.) Plaintiff has worked at UCLA since 1998. (Ibid.) From 2016 to 2019, Plaintif...

Excerpt: ...ded Complaint (“FAC”) against Mitchell Baker, Robeks Corporation, and Robeks Franchsie Corp. The FAC alleged nine causes of action for (1) defamation, (2) libel, (3) conversion, (4-5) intentional/negligent interference with prospective economic advantage, (6) intentional interference with contractual relations, (7-8) invasion of privacy, and (9) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiffs claim that B...

Excerpt: ...ness practices, fraud, and Labor Code violations. Defendants filed their answer on July 13, 2020. On January 11, 2022, Defendants filed the instant motion for leave to amend their answer to assert the following additional affirmative defenses based on information discovered through Plaintiff's deposition: (1) failure to state a cause of action; (2) statute of limitations; (3) failure to exhaust administrative remedies; (4) exceeds scope of admini...

Excerpt: ...he Complaint alleges in pertinent part as follows: In July, 2014, Plaintiff purchased a new 2014 Fiat 500L (“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) of th...

Excerpt: ...��) for allegedly exercising undue influence over their parents, Gerson and Gertrude Fox, and causing them to disinherit Plaintiff from the estate. On December 13, 2021, Defendants filed the instant special motion to strike pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute). 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 q...

Excerpt: ... Amended Complaint against State Farm General Insurance Company (“State Farm”) and Eberl Claims Service, LLC (“Eberl”). The complaint asserts breach of contract, breach of the covenant of good faith and fair dealing, negligent misrepresentation, and elder financial abuse. The claims asserted against moving Defendant State Farm are breach of contract, breach of the covenant of good faith and fair dealing, and elder abuse. The action arises...

Excerpt: ...ical elder abuse; (3) intentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence. Plaintiff alleges that in January 2019, he entered into a written residential lease with Defendant Judith Ziehm using a Housing Authority voucher to secure housing. (Compl. ¶ 21, Ex. 1.) The lease ended December 2019. (Ibid., Ex. 2.) Thereafter, Plaintiff alleges that he remained on th...

Excerpt: ...s from an incident where Plaintiffs, two police officers, were shot using a gun made from parts manufactured and distributed by Defendant. The FAC alleges that Defendant “manufactured, advertised, and sold firearm kits that included some or all the components necessary to quickly and easily build complete and fully functional frames and weapons, including Glock-style semiautomatic handguns like the one used to ambush Plaintiffs.” (FAC ¶ 10.)...

Excerpt: ...uary 6, 2022, Defendant PDS filed the instant motion to compel arbitration based on an arbitration agreement signed by Plaintiff on January 17, 2017 as a condition of employment. Plaintiff opposes the motion on the grounds that she did not sign the agreement and that the agreement is unconscionable. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving ...

Excerpt: ...om Defendants' alleged failure to adequately protect tenants of the Watermarke apartment building from criminal activity, including two shootings. On April 10, 2020, another complaint was filed by various Plaintiffs, including Jeffrey Juarez, Christopher Tsatsuryan, and Jason Villafranca based on substantially similar facts. The complaints have been consolidated. The instant motion for sanctions is made by Defendant Watermarke Owner, LLC against ...

Excerpt: ... breach of the implied warranty of fitness, (3) negligence, 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”). ...

Excerpt: ...negligence; (2) breach of fiduciary duty; and (3) promissory fraud. Defendant Sack is an attorney who represented Plaintiff in a family law matter. Plaintiff also approached Defendant with a request to represent him in an employment law matter. This action arises from Defendant's alleged failure to appear at an 8-day hearing in the employment matter. Plaintiff alleges that Defendant orally promised to provide legal representation in exchange for ...

Excerpt: ...ant's demurrer with leave to amend as to Plaintiff's fraud claim. In the original complaint, Plaintiff had alleged fraud based on Defendant's purported misrepresentation of square footage and failure to fulfill a promise to provide security services. In his FAC, Plaintiff reduced his fraud claim to the alleged misrepresentation about square footage. On December 13, 2021, the Court struck this claim without leave to amend. The remaining claim is f...

Excerpt: ...Code, Business and Professions Code, and wrongful discharge. Plaintiff was employed by ARG as a Taco Bell cashier with Rojas as his supervisor. Plaintiff began working for ARG around spring 2020 until November 2021. (Martinez Decl. ¶ 2.) Arbitration agreements dated September 11, 2019 and May 11, 2020 contain Plaintiff's purported digital signature. (Lessman Decl., Ex. A.) According to ARG, Plaintiff signed the September 11, 2019 agreement in co...

Excerpt: ...retaliation; (2) discrimination; (3) harassment; (4) FEHA retaliation; and (5) failure to take remedial action. Plaintiff is employed by Defendant County of Los Angeles, and his lawsuit stems from alleged mistreatment by coworkers and supervisors, including Defendant Martinez. This mistreatment was allegedly due to Plaintiff being African-American. Plaintiff alleges that he was openly chastised, excluded from meetings, given unwarranted performan...

Excerpt: ...rse business expenses, provide rest/meal periods, and unfair business practices. At issue in the present demurrer is the second cause of action for failure to reimburse business expenses. Defendants argue that Plaintiff has failed to allege facts satisfying the elements of a failure to reimburse claim. 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.)...

Excerpt: ...d Insurance Company (“CSE”), in the defense and settlement of an underlying action in Los Angeles Superior Court, Marquita Hardison, et al. v. 38700 10th Street East, LLC (“Hardison Action”) on behalf of its named insured, Defendant 38700 10th Street East, LLC (“38700”). Plaintiff filed this action seeking reimbursement from 38700 for the uncovered amounts paid for the Hardison settlement. CSE Safeguard Insurance Company (“CSE”) c...

Excerpt: ...it Industries, Inc. (“Thermafit”), alleging the following causes of action: (1) fraud in the inducement; (2) fraud; (3) breach of fiduciary duty; (4) fraud; (5) financial elder abuse; and (6) conversion. Plaintiff alleges that he, Saro, and two nonparties founded IPT, Inc. in 1996. Plaintiff alleges that he worked for IPT as a machinist and mold maker. Plaintiff alleges that in 2005, Plaintiff, Saro, and the two nonparties founded Thermafit, ...

Excerpt: ... Lauren Taxter. The lease was entered into between Plaintiff and Defendant Abgaryan in July 2019. The action stems from unpaid rent for the month of January 2020. Currently, Defendant Taxter is the only tenant in possession, as Abgaryan has been incarcerated for murder. Plaintiff has subsequently dismissed Abgaryan since he is not in possession. Plaintiff and Defendant Taxter entered into a stipulation on September 9, 2021. The stipulation provid...

Excerpt: ...tional distress. The complaint stems from alleged defamatory comments made by Defendant on Defendant's website and social media. Defendant allegedly claimed that Plaintiff is in a romantic relationship with the mayor of Huntington Park and that Plaintiff is involved in public corruption. On November 1, 2021, Defendant's motion to strike under Code of Civil Procedure section 425.16, the “anti-SLAPP” statute, was GRANTED. LEGAL STANDARD A speci...

Excerpt: ...lleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a busines...

Excerpt: ...e implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. The complaint alleges the following pertinent facts. Plaintiffs and Defendants entered into a written sublease in July 2020 for 50,000 square feet of warehouse space in Vernon, California. Defendants did not deliver the full 50,000 square feet, instead providing at most 24,000 square feet. Defend...

Excerpt: ...fessions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On December 23, 2021, Defendant filed the instant special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). Plaintiff has not filed an opposition. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early ...

Excerpt: ...��) initiated this FEHA action against her employers, Fetal Diagnostic Center of Southern California (“FDC”) and Dr. Afsaneh Karimi (“Dr. Karimi”), after being terminated. FDC and Dr. Karimi then cross-complained against Lopez and Dr. Farshid Moossazadeh (“Cross-Defendant”), alleging that Lopez wrongfully diverted insurance payments from patient referrals to Cross-Defendant. The cross- complaint further alleges that Lopez and Cross-De...

Excerpt: ...tiffs”). Defendant Denise White (“Defendant”) is not named as a beneficiary under the Trust. In July 2016, Defendant filed suit in Los Angeles Superior Court asserting her right to share in the Trust. In January 2019, the parties entered into a settlement agreement (the “Agreement”), whereby Defendant agreed not to prepare or assist in the preparation of any creation concerning Barry White. Defendant also agreed not to allow her name to...

Excerpt: ...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. Plaintiff presently moves for an order quashing five subpoenas issued by Defendant Kelly & Garrett Enterprises, Inc. seeking medical records from Eisenhower Medical Center, Ivor Nazareth, M.D., and Mission Home Health. LEGAL STAN...

Excerpt: ...z (“Gutierrez”) (collectively “Defendants”), alleging seven causes of action for discrimination, harassment, retaliation, failure to accommodate, failure to prevent FEHA violations, and violation of equal pay. Plaintiff alleges that Defendants failed to accommodate his mental disability and that he suffers severe emotional distress as a result of Defendants' conduct. (FAC ¶¶ 23, 28, 35, 41, 44, 50, 54.) Plaintiff presently moves to quas...

Excerpt: ...a Zhao (“Zhao”), and others. The lawsuit arises from the following pertinent facts. MHT contracted to renovate Zhao's home but breached the contract by failing to complete the construction in a timely manner or according to specifications. Zhao therefore filed an action against MHT and its CEO, Pan. Nautilus insured MHT for MHT's potential liability to Zhao. However, Nautilus discovered that MHT and Pan had made material misrepresentations wh...

Excerpt: ...ntract, (2) breach of good faith and fair dealing, and (3) wrongful termination in violation of public policy. Plaintiff has identified Does 1-3 as Burbank Subtenant LP, SRG Pacific Management LLC, and SRG Operating, Inc. (collectively “Doe Defendants”). The Doe Defendants' demurrer was sustained in part on August 18, 2021. The Court dismissed with prejudice Plaintiff's claims for breach of contract and breach of the covenant of good faith an...

Excerpt: ... Eric Stark (“Stark”) (collective “Defendants”). The complaint alleges the following causes of action: (1) breach of business loan agreement; (2) breach of guaranty; (3) common counts; and (4) unjust enrichment. This action arises from Digivision's failure to repay a $200,000 loan and $25,000 line of credit. Danae and Stark signed commercial guaranty agreements promising full payment of the money owed by Digivision. Plaintiff presently mo...

Excerpt: ...“NDSM”) for Cadillac. As a result, Plaintiff was the liaison between GM and 19 GM dealerships in the Los Angeles area. Plaintiff alleges that two of those dealerships, Defendants Crestview Cadillac (“Crestview”) and Dutton Motor Company (“Dutton”), interfered with Plaintiff's employment by contributing to GM's decision to terminate Plaintiff based on her race. Plaintiff was terminated for purportedly failing to report fraud being comm...

Excerpt: ...g eight causes of action stemming from Plaintiff's termination after taking medical leave. On December 6, 2021, this Court granted Plaintiff's amendment to complaint correcting the name of Defendant “Gardaworld Cash Services” to “Gardaworld Cash Services, Inc.” Defendant Garda CL West, Inc. presently moves to strike the amendment, or alternatively, requests the Court to reconsider its order granting the amendment. Defendant argues that Pl...