Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...h Vermont Avenue (“Property”). (Compl. ¶ 2.) Plaintiff seeks title to the parcels for the construction and operation of the Vermont and Manchester Transit Priority Joint Development Project (“Project”). (Id.) The Project is planned to include, “a 6-story mixed use affordable housing and community serving/commercial retail component, a transit plaza/bus transfer center, a public open space, a 6-story public charter college preparatory b...

Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...). Plaintiff alleges that it owns all of MVF's shares. Plaintiff alleges that Defendants Medley Capital Corporation (“Medley”), Medley Opportunity Fund II LP, MCC Advisors LLC, Richard Craybas, James Feeley, Congruent Credit Opportunities Fund II LP, Congruent Investment Partners, LLC, Preston Massey and Main Street Capital Corporation (collectively, “the Defendants”) took control of MVF and wrongfully terminated former officers and direc...

Excerpt: ...�to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions after giving parties proper notice and the opportunity to be heard. Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves ...

Excerpt: ...“Defendants”). As set forth in the complaint, Plaintiff was a former employee of Defendant Eli and Sonic Towing. Plaintiff filed a wage and hour action against Sonic Towing, Eli and his wife, Hila (“Sonic Action”). Hila successfully demurred to the wage and hour action, and was dismissed from the case. Hila then filed a malicious prosecution action (“Underlying Action”) against Plaintiff Monterrosa and his counsel, Mary T. Dumont (“...

Excerpt: ...ollection of excess rent; failure to pay interest on security deposit; unlawful eviction; failure to pay relocation fees; tenant harassment; retaliatory eviction; failure to return security deposit; breach of the implied covenant of quiet enjoyment; assault; intentional infliction of emotional distress; negligent infliction of emotional distress; breach of the implied warranty of habitability; and nuisance. Plaintiff alleges Defendants owned the ...

Excerpt: ... sums [Plaintiff] had paid, when Defendant was able to make those payments.” (Id.) Plaintiff and Defendant understood that Defendant “would need some time to get a job that paid enough in order to make the installment payments…” (Id.) Plaintiff asserts that it was not the understanding of the parties that that the loans would be paid in a single lump sum. (Id. ¶ 12.) The first installment on the loans became due in September 2012 and wou...

Excerpt: ...). Plaintiffs allege ten causes of action against all Defendants for (1) misclassification as an independent contractor; (2) declaratory relief; (3) failure to pay wages upon separation; (4) failure to provide itemized wage statements; (5) unfair business practices; (6) failure to pay overtime; (7) failure to provide meal and rest breaks; (8) Claim brought under Labor Code § 2699; (9) failure to pay statutory minimum wage; and (10) violation of ...

Excerpt: ...NT BACKGROUND This action arises out of demolition work performed on certain real property located in Redondo Beach (“Property”). The Property was deemed a public nuisance by court order, and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabr...

Excerpt: ...rres (“Torres”) were passengers in a 1989 Crown Victoria (“Gutierrez' vehicle”) driven by Defendant Rose Ferrer (“Ferrer”). The Gutierrez's vehicle was allegedly hit by Pablo Ramirez's (“Ramirez”) 2007 Infiniti G35 (“Ramirez's vehicle”) when attempting to make a left turn. The impact allegedly cause Gutierrez's vehicle to spin around, strike another vehicle and catch on fire. Isabel Gutierrez and Torres allegedly sustained var...

Excerpt: ...to 1828 W.85 th St., Los Angeles 90047 (“the Property”). Plaintiff alleges that due to a marriage dissolution, on August 27, 1984 Margaret Richardson transferred her interest to James Richardson via quit claim deed. James Richardson passed away without testamentary instruments on May 21, 1999 and Defendant commenced a probate case. (BP056981). Plaintiff alleges he is entitled to 1/6 of James Richardson's estate. Defendant has filed an unlawfu...

Excerpt: ...MRH-2 Lynnview LLC and Madison Residential Inc. allege that Defendants Commercial Industrial Building Owners Alliance, Inc; Everest Indemnity Insurance Company; Aspen Specialty Insurance Company; First Specialty Insurance Corporation: Ironshore Specialty Insurance Company; and Liberty Surplus Insurance Corporation (collectively, “Defendants”) improperly denied Plaintiff's claim for insurance coverage for damages it alleges it suffered as a re...

Excerpt: ...rica, LLC (“Defendant.”) DISCUSSION “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)– (b).) As set forth in the motion, P...

Excerpt: ...the warranty period, the vehicle contained or developed defects such that the engine was unable to properly utilize engine oil. Plaintiff alleges that Defendant knew that vehicles equipped with a 2.4L engine, such as the Chevrolet Equinox, would suffer from the defects Plaintiff experienced. Plaintiff asserts seven causes of action: (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2(b); (3) violation of Civil Code §179...

Excerpt: ...oyment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (“Zwissig”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Defendant demurs to the third cause of action. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the...

Excerpt: .... (“Plaintiff”). Plaintiff filed the operative complaint on July 27, 2017 requesting past due rent in the amount of $143,185.35; attorney's fees; and forfeiture. Plaintiff's proofs of service for all moving Defendants indicate the person served was “the ‘Party in 2A' by posting and mailing (CCP 415.45) by leaving a copy on 8/28/17 at 2:56pm.” (Proofs of Service filed 9/15/17.) On October 28, 2017 a default and clerk's default judgment f...

Excerpt: ...s of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION A. Motion to Compel Further Deposition Testimony of Plaintiff Except as provided by court order, a deposition examination of the witness by all counsel, other than the witness' counsel or record, shall be limit...

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

Excerpt: ...2018, Plaintiff filed a complaint against Defendants, asserting causes of action for (1) race/color/national origin/ancestry discrimination in violation of FEHA; (2) disability discrimination in violation of FEHA; (3) failure to accommodate/engage in an interactive process in violation of FEHA; (4) retaliation for requesting accommodations/opposing practices forbidden by FEHA; (5) hostile work environment in violation of FEHA; (6) failure to do e...

Excerpt: ... of Los Angeles (“Defendant”) and Does 1 through 100 for (1) disability discrimination (Government Code §§ 12940, et seq.); (2) failure to provide reasonable accommodation (Government Code § 12940(m)); and (3) failure to engage in the interactive process (Government Code § 12940(n)). On February 23, 2018, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 3,...

Excerpt: ...Inc. and Farmers Insurance Exchange (“Farmers”) demurred to the first three causes of action in the initial complaint on February 6, 2018. Plaintiff remains currently employed with Farmers. Plaintiff alleges causes of action for (1) Discrimination in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Failure to Prevent in Violation of the FEHA; and (4) Discrimination Against Public Policy. DISCUSSION A demurrer challenges only the l...

Excerpt: ...tiff”) property (“Property”) was sold at a foreclosure sale to Defendant Prop Value Properties, Inc. (“PVP”) on March 27, 2017. Plaintiff alleges that Defendants HSBC Bank USA N.A. (“Defendant”) and Specialized Loan Servicing, LLC (“Specialized”) refused to allow Plaintiff to conduct a short-sale. Plaintiff alleges various irregularities in the foreclosure process against her lenders. Plaintiff asserts causes of action for (1) v...

Excerpt: ...suit on May 15, 2017, against Defendants Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equip...

Excerpt: ...nfluence bad faith conduct in the court's statement of decision phase 1. A Trustee has a duty to comply with the trust terms. (Crocker-Citizens Nat'l Bank v. Younger (1971) 4 Cal.3d 202, 211.) A trustee has a duty to act in the best interest of the trust (Toedter v. Bradshaw (1958) 164 Cal.App.2d 200, 208.), and it is a breach of loyalty for a trustee to place his interest above a beneficiary. (Estate of Gump (1991) 1 Cal.App.4th 582, 586.) A tru...