Excerpt: ...s”) allege that Defendants illegally searched their home and vehicles without a warrant on March 5, 2015; submitted falsified and illegally obtained evidence for the purpose of obtaining a search warrant on March 20, 2015; and wrongfully detained Plaintiffs without probable cause, and searched their home on March 24, 2015. Plaintiffs were subsequently transported to Burbank Jail. Plaintiffs allege that Defendants illegally seized Plaintiffs' me...

Excerpt: ... required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division.” (Cal. Gov. Code § 945.4.) “(a) If an application for leave t...

Excerpt: ...axPro”); 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 equipment to film and television production companies in Latin America. Defendants were brokers who helped Plaintiffs obtain financing for these leases, or were the...

Excerpt: ...ffs”) in a construction lawsuit, Gabriella Plattner, et al. v. Martiza Hartnett, et al.,<0057004c00520051000300 [ from November 2009 through July 2012. As set forth in the third amended complaint (“TAC”), Plaintiffs allege that Marks closed his law firm in March 2012 and moved his practice to Defendants Engstrom, Lipscomb & Lack (“ELL”), and continued to represent Plaintiffs until his withdrawal on July 27, 2012. (TAC ¶19; 23.) Plainti...

Excerpt: ...“Defendant”) demurred to the initial complaint on February 6, 2018. Plaintiff alleges he was hired to work as a machine operator for Defendants and was wrongfully terminated on August 25, 2016. The causes of action alleged are (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties...

Excerpt: ...aintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination in violation of public polic...

Excerpt: ...FURTHER RESPONSES TO FORM INTERROGATORIES) BACKGROUND The complaint in this action was filed by Oscar Guzman (“Plaintiff”) on June 15, 2017 for violation of the Song-Beverly Consumer Warranty Act. Defendant American Honda Motor Co., Inc. (“Defendant”) answered the complaint on August 10, 2017. EVIDENTIARY OBJECTIONS Statements made during settlement negotiations are not admissible. Cal. Evid. Code §1152. Further, these objections are unn...

Excerpt: ...) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017. DISCUSSION A. Motion to Compel Deposition Testimony If a subpoena requires the attendance of a witness the Court,...

Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...

Excerpt: ...or-vehicle accident (“Underlying Action”). Plaintiff alleges that the operating retainer agreement provided that in the event Plaintiff was discharged prior to obtaining a judgment, Plaintiff would be entitled to a certain percentage of the recovery. The retainer agreement was signed on September 7, 2010, Plaintiff was discharged on April 20, 2012, and the Underlying Action was settled in October 2013. Plaintiff's original Complaint filed Mar...

Excerpt: ...vanni Orantes and The Orantes Law Firm (“Orantes”) arising out of their representation of Hsu in a bankruptcy matter. Jenny alleges that Orantes' negligence caused her to lose over $3 million in equity in her real property. In BC668841 asserts a legal malpractice claim against Orantes arising out of their representation of Jenny as a plaintiff in a civil action. The civil action dealt with a foreclosure sale and a loan modification applicatio...

Excerpt: ... service of the Complaint unless extended by court order or stipulation. California Code of Civil Procedure (“CCP”) §435(b)(1). The court may strike out any irrelevant, false or improper matter inserted in any pleading, or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP §436. Defendant's Motion to Strike was filed more than one year after th...

Excerpt: ... sanctions on Defendant Selena George for failure to pay Moving Party pursuant to the executed Settlement Agreement between the parties. Parties agreed that this Court would retain jurisdiction over the Settlement Agreement pursuant to Code of Civil Procedure §664.6. DISCUSSION If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, o...

Excerpt: ...) and Sean Anderson (“Anderson”),a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Plaintiff moves to quash the subpoena served by Walgreens on T-Mobile USA, Inc. The subpoena seeks the cellular phone records of Plaintiff and non-party Simeon Molina. In opposition, Walgreens explains that the incident at the center of the FAC occurred when Plaintiff attempted to...

Excerpt: ...initi G35 (“Infiniti Vehicle”). Ramirez alleges that the Infiniti Vehicle's safety features failed to engage during the accident. Ramirez asserts claims against the Infiniti Vehicle's manufacturer (“Nissan”), and the driver of the other vehicle in the accident. BC660808 is brought by Plaintiffs Concepcian C. Torres (“Torres”), Isabel Gutierrez (“Gutierrez”), and Lynerry Henning (“Henning”) (collectively, “Torres, et al.”)....

Excerpt: ... OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS SET ONE, ADMITTED AND CONCLUSIVELY ESTABLISHED When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).) “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 ...

Excerpt: ...(“Plaintiff”) moves to compel Defendant World Private Security, Inc. (“Defendant”) to provide further responses to requests for production of documents, set one, and special interrogatories, set one. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the mov...

Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...

Excerpt: ...f covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Le...

Excerpt: ...s to construct a parking garage (“Project”) for a Courtyard Marriot located in Glendale, CA (“Property”). Plaintiff alleges that a sum of $295,575.73 remains due and owing. On August 12, 2016, Plaintiff recorded a mechanic's lien on the Property. (Compl., Exh. A.) Plaintiff asserts causes of action for (1) breach of contract; (2) common counts; and (3) action on release bond in lieu of foreclosure of mechanic's lien. DISCUSSION A demurrer...

Excerpt: ...ter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (CCP § 436.) On June 30, 2017, Plaintiff substituted James N. Fielder as Doe Defendant #4. Fielder now moves to strike the amendment. However, as explained in the opposition, the Doe Amendment was made for the purpose of collecting judgment. “A trial court has the ...

Excerpt: ...intiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination in violation of public policy...

Excerpt: ...rt (“Underlying Action”), and entered into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. EVIDENTIARY OB...

Excerpt: ...nfinity G35 (“Subject Vehicle”). Plaintiff alleges that the Subject Vehicle's safety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION Nissan moves to compel Plaintiff Pablo Ramirez (“Ramirez”) to provide further response to request for production of documents (“RFP”). The only request in di...

Excerpt: ...court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Cross-Defendants Christine Oam and Re/Max Mega Group (“Cross-Defendants”) seek to enforce a settlement agreement against Cross-Complainants Keun Bai Lee and Won Hee Lee (“Cross-Complainants”). Pursuant to the settlement agreement, Cross-Complainants are to convey title to the Subject Pr...