Excerpt: ...f contract, (2) breach of the covenant of good faith and fair dealing, (3) tenant harassment, (4) contractual interference, (5) declaratory relief, (6) negligence, and (7) unfair competition. According to the SAC, a prior dispute between the parties resulted in a Tenant Settlement Agreement (TSA), which essentially granted Plaintiffs tenancy for life at the subject premises. Plaintiffs allege that Defendants attempted to work around the TSA by fa...

Excerpt: ...at Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a ...

Excerpt: ...ices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, 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. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disne...

Excerpt: ...lex but that Defendant only partially paid Plaintiff for his work. Plaintiff alleges that the parties had a written agreement. Plaintiff claims damages of $200,000. On April 5, 2023, the Court granted Defendant's motion to deem matters admitted because Plaintiff failed to respond to requests for admission. Plaintiff had not filed an opposition and did not appear at the hearing. On April 21, 2023, Defendant filed the instant motion for summary jud...

Excerpt: ...ion arise from Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion Defendant Honda moves to compel Plaintiffs to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relat...

Excerpt: ...n September 14, 2022, Plaintiff filed an amendment to the complaint naming Stanley Ingel as Doe 1. On October 25, 2022, Ingel filed a motion to quash the Doe amendment on the grounds that Plaintiff did not satisfy the requirements for a Doe amendment because Plaintiff has known of Ingel's identity and potential liability for years. On November 8, 2022, Plaintiff filed a separate action against Ingel for accounting malpractice, Gary Korngold v. St...

Excerpt: ...legedly 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 June 7, 2023, eleven of the Plaintiffs filed motions to quash subpoenas for their medical records. Defendant 6317 Flora Ave, LLC, who issued the subpoenas, filed its oppositions to each motion on June 20, 2023. Plaintiffs replied on June 22, 2023. L...

Excerpt: ... against three defendants – one of which included J. Alexander, Co. (“Plaintiff JACO”) for breach of contract. The action proceeded to trial on April 12, 2023, whereby Plaintiff AMMCO subsequently won a jury verdict. Following the conclusion of the trial, Defendant JACO filed a motion to tax cost on the following items from Plaintiff AMMCO: (1) Item 12, “Models, enlargements, and photocopies of exhibits”, and (2) Item 16, “Other”, f...

Excerpt: ...alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly d...

Excerpt: ..., (3) open book account, (4) account stated, (5) foreclosure of mechanics lien, and (6) recovery of statutory penalties. Defendant Autobuilders was the contractor on a certain project owned by Defendant P.T. Enterprises. Plaintiff contracted with Autobuilders to be the subcontractor on the project. This lawsuit arises from an alleged unpaid balance of over $500,000 owed to Plaintiff. On June 5, 2023, Defendants filed the instant demurrer to the f...

Excerpt: ...tion for (1) breach of contract, (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 st...

Excerpt: ...ion, harassment, retaliation, and failure to prevent. On May 31, 2023, Plaintiff filed the instant motion to quash subpoenas seeking records from Kaiser Permanente and Rusty Levin. Defendant filed its opposition on June 14, 2023. Plaintiff replied on June 21, 2023. 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, upon moti...

Excerpt: ...hase of a condominium unit in Downtown Los Angeles sold by Defendant, Broadway Elite, LLC (“Defendant Broadway”) and filed an action to recover the total amount they deposited in the sum of $61,950.00. Defendant Broadway disputed the grounds that Plaintiffs relied upon in their recovery action and sought to retain the aforementioned deposit as liquidated damages from the canceled transaction. A bench trial for the action was completed on Marc...

Excerpt: ... and were uncertain. Plaintiff filed the operative Second Amended Complaint on February 21, 2023, alleging (1) breach of contract, (2) general negligence, (3) intentional tort, and (4) premises liability. On April 28, 2023, the Court sustained Defendant's demurrer without leave to amend as to every cause of action except premises liability. On June 1, 2023, Defendant filed the instant motion to stay the proceedings pending the appeal of a prior u...

Excerpt: ...laint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton alleg...

Excerpt: ...iscrimination, harassment, retaliation, and failure to prevent. Defendant presently moves to compel Plaintiff's further responses to Requests for Admission, Form Interrogatories, and Special Interrogatories. LEGAL STANDARD Upon receiving responses to requests for admission or interrogatories, the propounding party may move for an order compelling further responses if the party finds that an objection is without merit or an answer is incomplete or...

Excerpt: ...ld not maintain his claims based on California's Song-Beverly Act. However, Plaintiff was given leave to amend the complaint to assert claims under federal and Missouri law. On August 22, 2022, Plaintiff filed the operative First Amended Complaint, asserting causes of action for (1) violation of the Magnuson-Moss Act, (2) breach of express warranty, and (3) breach of implied warranty. On May 3, 2023, Defendant filed the instant motion to dismiss ...

Excerpt: ...terminated Plaintiff as retaliation for Plaintiff's complaints regarding COVID safety. The operative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310, 6311, 1102.5, 232.5, and Business and Professions Code section 17200. On February 24, 2023, Defendant filed the instant motion for summary judgment. The motion was continued to allow Plaintiff to file an opposition. Plaintiff filed her opposit...

Excerpt: ...reach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) partition of property, (5) accounting, (6) willful misconduct, (7) negligence, and (8) restitution and unjust enrichment. According to the FAC, Morton and Defendant Leavitt were sisters before Morton passed away. Morton and Leavitt had formed a partnership wherein each owned 50% and agreed to share profits and losses accordingly...

Excerpt: ...tiff 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 Tejas Be...

Excerpt: ...t alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly...

Excerpt: ...h of the warranty of habitability, negligence, intentional infliction of emotional distress, nuisance, violation of Civil Code section 1942.4, violation of the Los Angeles Municipal Code (LAMC), and violation of Business and Professions Code section 17200. On May 5, 2023, Defendant David Freeman filed the instant demurrer and motion to strike. Plaintiffs filed their opposition on May 26, 2023. Defendant replied on June 5, 2023. LEGAL STANDARD A d...

Excerpt: ...of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance. Plaintiffs previously filed a motion for leave to amend their complaint to add a cause of action for violation of Long Beach Ordinance No. 20-0044, which prohibits tenant harassment and makes it unlawful for a landlord to fail to timely repair or maintain a premises. The Court denied this motion on ...

Excerpt: ...act, (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...

Excerpt: ...ing causes of action for (1) negligent misrepresentation, (2) negligence, (3) unfair business practices, and (4) insurance bad faith. In March 2020, Plaintiff's home in Long Beach burned down. Plaintiff retained Defendants PR Construction, Brennan, and DeVito to complete the rebuild. Plaintiff alleges that these Defendants misrepresented that they would provide the necessary paperwork to State Farm to justify the maximum policy amount of $330,000...

Excerpt: ...underlying action because Defendants simultaneously represented two other clients seeking recovery from the same entity. Any recovery by one of the clients would necessarily have reduced the recovery of the others. For statute of limitations purposes, Plaintiff filed the instant action before the underlying case was resolved. The underlying action has since been settled. To handle the resolution in the underlying action, Plaintiff retained her cu...

Excerpt: ...and (3) negligence. The complaint stems from the death of Decedent, who committed suicide inside a Marriott hotel room. Plaintiff is Decedent's daughter. (Compl. ¶ 1.) On February 24, 2022, Decedent checked into the hotel amidst a mental health crisis. (Id., ¶ 22.) Upon becoming concerned that Decedent did not appear for a scheduled visit, Decedent's relatives contacted the Moorpark Police Department, which was staffed and operated by the Ventu...

Excerpt: ... Insurance Company _ The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage: (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Ins Angeles: in which Roben Blaisch and Kenneth Eldon were tenants. The duplex burned doun in a fire due to the alleged negligence of Blaisch and Eldon:...

Excerpt: ...ed the property at various times throughout Plaintiffs' tenancy. The operative Second Amended Complaint was filed on Ncnember 30, 2022. On May 9: 2023: Plaintiffs filed the instant motion for leave to file a Third Amended Complaint (TAC). Plaintiffs seek to add 26 plaintiffs, two defendants: and an additional cause of action for violation of Los Angeles County Code. Defendants Reynaldo Tobias and Isolina Tobias, who owned the property from about ...

Excerpt: ...fendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH_ Due to financial issues with its lenders: E&B could not directly deal with WGH_ Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B 's 25% interest in WGH_ The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take ower WGHZ s assets for themselves. Triton allegedly demanded a hig...

Excerpt: ...) all claim an interest In 201 Khachatryan leased the Vehicle from the Lexus dealership and Mkrtchyan cosigned on the lease. Roughly a year later, Danielian sublet the Vehicle from Khachatryan. In March: 2020: Danielian was driving the vehicle in the rain: at which time he contends the Vehicle stalled in a large puddle and was subsequently flooded Defendant STATE FARM N'WTUAL AUTOMOBILE INSURANCE COIMPANY State Farm") issued a policy of automobil...

Excerpt: ...ords; (2) unfair business practices, (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The orrrative First Amended Complaint: filed May 27 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classiö' or pay Plaintiff as an employee but ...

Excerpt: ... and his husband, Plaintiff Grady, is a licensed clinical social worker. The complaint stems from emails sent to other farnily law attorneys by anonymous individuals These emails impersonate Plaintiffs and insinuate that Plaintiffs are pedophiles, exchange sex for money, and are seeking to intentionally spread STDs_ Plaintiffs are currently seeking to identiö,• the Doe Defendants in order to serve them with the summons and complaint. Plaintiff...

Excerpt: ... May 5: 2023: Defendant City of Los Angeles filed the instant demurrer to the second through seventh causes of action. Plaintiff filed an opposition on May 17, 2023. Defendant replied on May 24: 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. CiO' of L...

Excerpt: ...s arise from his purchase of a 2017 Chevrolet Tru Silverado 1500 (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 seroecl a valid objection under Section 2025.410: fails to appear for examination, or to proceed with it, or to produce for inspe...

Excerpt: ...ms arising from defective construction performed on Plaintiffs' home. The complaint alleges causes of action for (1) breach of contract; (2) fraud; (3) accounting; (4) negligence; (5) fraudulent inducement, (6) ultra vires; and (7) intentional infliction of emotional distress. According to the allegations: Plaintiffs hired Brouse: an architect: to design and implement the remodeling plan, as well as recommend an appropriate builder and contractor...

Excerpt: ...nijan), Brandon Brooks (Brooks): Greg Bisel (Bisel): and Amnon Band. EFD is a supplier of motion picture equipment and services to film and television productions. Teran is the founder of EFD_ This dispute stems from EFIY s allegations about fraudulent and other improper charges by its major supplier and others regarding equipment financing transactions. The operative First Amended Complaint (FAC) was filed November 21 2017 _ Plaintiffs settled t...

Excerpt: ...as restored to active status in 2022 after the failure of arbitration. The order of dismissal was vacated. On April 14, 2023, Defendant filed the instant motion for leave to file a cross-complaint. The proposed cross-complaint is substantively identical to the cross-claim Defendant asserted in arbitration. LEGAL STANDARD ' 'A party who fails to plead a cause of action subject to the requirements of this anicle, whether through oversight: inadvert...

Excerpt: ...tentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence On March 2, 2022, Plaintiff filed the operative First Amended Complaint: which removed the negligence and negligent infliction of emotional distress claims. The physical elder abuse and intentional infliction of emotional distress claims were stricken on demurrer. This leaves wrongfill eviction and financial el...

Excerpt: ...ril 6, 2023 Defendant Carwell, LLC dba Land Rover South Bay ("Canvell") filed a demurrer to the complaint in its entirety for uncertainty and failure to state a cause of action. Plaintiff did not file an opposition. Since Plaintiff has not filed a response to the Demurrer: the court finds that Plaintiff agrees that Carwell' s demurrer has merit LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v...

Excerpt: ... "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 C 'AFLO (CompL 39-61.) These violations form the basis for Plaintiffs UCL claim, which alleges that Defendants' violation of the foregoing federal a...

Excerpt: ...ural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH_ Due to financial issues with its lenders: E&B could not directly deal with WGH_ Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B 's 25% interest in WGH_ The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take ower WGHZ s assets for themselves. Triton allegedly demanded a higher ownership s...

Excerpt: .... 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 Plaintiffs authority _ (ld., 25 Plaintiff also filed a Policy of Equity ("POE") complaint against her supervisor, Comma...

Excerpt: ...r competition, (4) declaratory and injunctive relief, and (5) professional negligence Plaintiff is an attomey who hired Defendants to prepare and enhance certain deposition exhibits. Defendants did not do so adequately, resulting in this action. Plaintiff alleges that Defendants fraudulently induced Plaintiff into paying for services and providing confidential information. On March 17 2023 Defendants filed the instant demurrer and motion to strik...

Excerpt: ...essor-in-interest and Decedent' s minor children through a guardian ad litem against County of Los Angeles, Deputy De La Rosa: and Deputy Mercedia Booza_ The operative First Amended Complaint was filed on November 3: 2022 On February S, 2023 Defendants filed the instant demurrer to the first cause of action in the FAC. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App...

Excerpt: ... the warranty of habitability, negligence: intentional infliction of emotional distress, nuisance, violation of Civil Code section 1942.4, violation of the Los Angeles Municipal Code (LAMC): and violation of Business and Professions Code section 17200 On April 28, 2023, Defendants Monarch Apartments Owner LLC, Crescent Canyon Corp., and Manhattan West Property Management LLC (Doe 1) filed the instant demurrer to the fourth cause of action (emotio...

Excerpt: ...s African-Americam The operative First Amended Complaint, filed December 28, 2022, asserts (1) violation of Unmh Civil Rights Act, (2) violation of Business and Professions Code section 17200, and (3) false imprisonment against Defendants CVS Pharmacy, Inc., CVS Health, Inc.: Garfield Beach CVS, LLC, and Kenneth Weis_ Plaintiff had previously filed a lawsuit based on the same facts in San Bernardino Superior Court. Defendants had the case remcnec...

Excerpt: ...a 2021 BMW' X7 (Vehicle) Discussion Defendant BMW moves to compel Plaintiff to submit this action to binding arbitration. BMIV presents a copy of the Vehicle's Lease Agreement entered into by Plaintiff and Long Beach BMW. (Mendoza Deci. Ex. 1.) Plaintiffs causes of action fall within the broad scope of this arbitration clause because the causes of action relate to the purchase and condition of the Vehicle. (See Vianna v. Doctors ' Management Co. ...

Excerpt: ...alleging violations of FEHA wrongåul 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. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs uorked for Disney from the 1980s until 2019, when they were terminated....

Excerpt: ...nated Plaintiff as retaliation for Plaintiff s complaints regarding COVID safety _ The orrrative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310: 6311, 1102 232 and Business and Professions Code section 172CH3 On February 24, 2023 Defendant filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or ad...