Excerpt: ... 496 and (2) conversion. Plaintiff is a researcher, entrepreneur, and chemist who in 2015 was recruited by Defendants Martin and Scott to join Curative Labs Inc. (CLI) as one of the three founders. (Compl. ¶ 1.) Plaintiff allegedly had an agreement with CLI wherein instead of a salary, Plaintiff would receive 20% ownership and cash compensation once the company began earning more revenue. (Id., ¶ 2.) Plaintiff worked to build every aspect of CL...

Excerpt: ...n arise from Plaintiff's purchase of a 2018 Honda Odyssey (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 Culver City Honda. (Suarez Decl. Ex. A.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relate to...

Excerpt: ...cialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 19, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Production Set One. Defendants filed their oppositions on October 17, 2023. Plaintiff filed replies on October 20, 2023. LEGAL STANDARD “On receipt...

Excerpt: ...; (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 business premises from Per Partners starting in October 2007. The lea...

Excerpt: ...ervices, Inc.; California TD Specialists; Qualfax, Inc.; RTI Properties, Inc.; and Peak Foreclosure Services, Inc. The complaint asserts causes of action for (1) accounting, (2) injunctive relief, and (3) breach of contract. The action concerns a property located in Beverly Hills. Although Plaintiffs admittedly defaulted on a loan secured by the property, the complaint alleges that Defendants failed to properly account for payments made and initi...

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: ...vantage, and (4) unjust enrichment. On September 27, 2023, Defendant Haddish filed a motion to compel arbitration. The same day, Defendant Haddish also filed the instant motion to seal the motion to compel arbitration and associated documents. On October 6, 2023, Defendant Spears filed joinders to both motions. LEGAL STANDARD “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550(c)....

Excerpt: ...ntentional infliction of emotional distress. Additionally, Plaintiff alleges continued emotional distress under her other causes of action. Accordingly, Defendant seeks to conduct an independent mental examination (IME) of Plaintiff. Defendant filed the instant motion to compel IME on October 4, 2023. Plaintiff filed her opposition on October 16, 2023. Defendant filed its reply on October 19, 2023. LEGAL STANDARD “Any party may obtain discovery...

Excerpt: ...t Personnel, Inc., seeking penalties for alleged wage violations. On September 15, 2023, Defendants filed the instant motion to compel arbitration of Plaintiff's individual PAGA claims. Plaintiff filed his opposition on October 16, 2023. Defendants' filed their reply on October 20, 2023. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to...

Excerpt: ... July 11, 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 ...

Excerpt: ... negligence, (2) warranty of habitability, (3) implied covenant of quiet enjoyment, (4) negligent infliction of emotional distress, (5) excessive collection of rent, (6) tenant harassment, (7) retaliation, (8) collection of rent on untenable dwelling, (9) nuisance, and (10) intentional infliction of emotional distress. Plaintiffs are tenants of two different units at the subject property. (Compl. ¶¶ 1-2.) Defendants are the alleged owners, mana...

Excerpt: ...retaliation; (3) discrimination; (4) harassment; (5) failure to prevent; (6) violation of equal pay; and (7) constructive discharge. The action stems from Plaintiff's assertion that she was paid less than her male coworkers. Plaintiff alleges that after she complained about the disparity, Defendant began retaliating against her. Plaintiff alleges that the working conditions became so intolerable that she was forced to resign. On August 22, 2023, ...

Excerpt: ...insurance contract, (2) breach of the covenant of good faith and fair dealing, and (3) elder abuse. According to the complaint, Plaintiffs own a home located in Tujunga, California. (Compl. ¶ 1.) The home was insured by a homeowners insurance policy issued by Defendant Hippo Insurance Services, which is owned and underwritten by Defendant Spinnaker Insurance Company. (Ibid.) In December 2021, the home suffered wind and water intrusion, leading P...

Excerpt: ...Solarzano. On September 27, 2023, Defendant Route 66 filed the instant motion to compel arbitration of Plaintiff's individual PAGA claim and stay the representative claims. Plaintiff filed her opposition on October 10, 2023. Defendant filed its reply on October 16, 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...

Excerpt: ... the First Amended Complaint on September 18, 2020, asserting the same three causes of action. On January 13, 2021, the Court sustained Defendant's demurrer to all three causes of action in the FAC without leave to amend and thereafter entered judgment accordingly. Plaintiff appealed. On April 7, 2023, the Court of Appeal issued an opinion affirming this Court's order as to the first and second causes of action and reversed the order as to the th...

Excerpt: ...ngeles, various departments therein, and various individuals. Plaintiff alleges that she was mistreated and harassed based upon her race, national origin, color, ethnicity, age, and physical disability. On September 12, 2023, the County and the individual defendants (with the exception of Lisa Wong and Holly Mitchell) filed the instant demurrer and motion to strike against the FAC. Plaintiff filed her opposition on October 11, 2023. Defendants fi...

Excerpt: ...old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 that was due upo...

Excerpt: ...lity, (2) breach of the implied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following 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. C...

Excerpt: ...ialist, A Medical Group, Inc.; and California Eye Management Services, LP. Plaintiff alleges discrimination based on her pregnancy and various wage violations. On September 14, 2023, Plaintiff filed the instant three motions to compel further responses from each of the Defendants as to Requests for Admission Set One. Defendants filed their oppositions on September 27, 2023. Plaintiff filed replies on October 4, 2023. LEGAL STANDARD “On receipt ...

Excerpt: ...lied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following 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 dext...

Excerpt: ...ver 40 years old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 tha...

Excerpt: ... contract, (2) breach of statutory standards in construction, (3) negligence, (4) breach of subcontracts, (5) intentional misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. Plaintiffs own and reside in the subject property located in Los Angeles. (Compl. ¶ 1.) Plaintiffs bring this action against the developer (Advance Home Improvement, Inc.), seller (Moorpark USA, LLC), and CEO of the developer (Amnon Edri). (Id...

Excerpt: ...s Inc. Plaintiff Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be...

Excerpt: ...motion to detective due to discrimination against his disabilities. Plaintiff alleges that he was falsely accused of DUI and arrested because Defendant is aware he takes prescribed medication for prior injuries and conditions. Defendant allegedly used this as a pretext to block Plaintiff's promotion to detective. Plaintiff was ultimately suspended for 22 days without pay. Upon return, Plaintiff was involuntarily transferred to a different station...

Excerpt: ...violations. On August 30, 2023, Plaintiff filed the instant motion to compel further responses to Form Interrogatories. Defendant filed a belated opposition on September 19, 2023. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2...