Excerpt: ...il 25, 2021, Plaintiff purchased a new 2021 Jeep Wrangler (“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 Song-Beverly Act. (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. Pursuant to California Civil Code, Section 1780(e) : “[t]...

Excerpt: ...1, 2022. 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...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...3, asserts causes of action for (1) quiet title, (2) trespass, (3) negligence, (4) nuisance, (5) fraud, and (6) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an ...

Excerpt: ...reach of contract, and (3) declaratory relief. The complaint stems from the allegation that Ordergroove induced MeUndies into a contract by falsely representing that Ordergroove's software could meet MeUndies' unique business needs. Ordergroove's software in fact did not meet MeUndies' needs, but Ordergroove nonetheless demanded that MeUndies continue paying for the software for the duration of the contract, a term of multiple years. MeUndies bri...

Excerpt: ...sh that he may freely compete against Defendants by soliciting clients from his former employment for Defendants, despite restrictive covenants contained in agreements between the parties. Plaintiff alleges that the covenants are void and unenforceable under California law. Plaintiff also alleges that the forum selection provisions are unenforceable because they violate California's public policy. On November 6, 2023, Defendants filed the instant...

Excerpt: ...ir against Defendant VOLKSWAGEN SANTA MONICA (VWSM). On October 18, 2023, Defendants filed their demurrers to the Complaint. Defendants argue that the negligent repair claim, cause of action five, is barred by the economic loss rule. 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 i...

Excerpt: ...aud. Plaintiff alleges that the parties entered into a settlement agreement in August 2019. (Compl. ¶ 8, Ex. 1.) Defendants allegedly breached the agreement's confidentiality provision by disclosing the settlement without Plaintiff's consent during a trial of a previous case between the parties (LC107612). (Id., ¶ 15.) The breach allegedly contributed to Defendants' victory in the prior trial and cost Plaintiff the opportunity to sell his inter...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...