Excerpt: ...(“Rudd”), alleging wrongful termination and violations of labor laws. On November 9, 2021, Rudd filed a cross-complaint against Brickman alleging breach of contract, negligence, fraudulent misrepresentation, and negligent infliction of emotional distress. On November 30, 2021, Brickman filed the instant demurrer to the breach of contract, negligence, and NIED claims. Rudd agreed during meet and confer to dismiss the fraud claim. (Demirjian De...

Excerpt: ... to the State Compensation Insurance Fund (SCIF) for unpaid insurance premiums. SCIF billed Defendant for $385,000. SCIF assigned the account to Plaintiff for collection purposes. Plaintiff now moves for summary adjudication on its two causes of action. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and...

Excerpt: ... (the “Synod”) filed the operative First Amended Complaint (“FAC”) against Our Church Building, Inc. (“OCB”), alleging causes of action for: (1) declaratory relief and (2) constructive trust. The Synod contends that OCB was formed to acquire church property and operates under ROCOR's authority. (FAC ¶¶ 3, 42.) This action stems from OCB's refusal to transfer three properties to ROCOR: (1) the “Church Property,” (2) “Russian Ha...

Excerpt: ...and declaratory relief. The lawsuit stems from the following facts. In June 2007, AMAG entered into loan and security agreements with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had bre...

Excerpt: ...(collectively “Defendants”) for allegedly exercising undue influence over their parents, Gerson and Gertrude Fox, and causing them to disinherit Plaintiff from the estate. On December 13, 2021, Defendants filed a special motion to strike pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute). On December 16, 2021, Plaintiff filed the instant motion for leave to conduct limited discovery for the purpose of opposing Defenda...

Excerpt: ...rising from water intrusion and other weather damage to Plaintiff's house allegedly caused by Defendants' defective work. On November 24, 2021, Defendant Lane Dobbs dba Dobbs Construction Co. (“Dobbs”) filed the instant motion for determination of good faith settlement. The motion relies primarily on evidence obtained during discovery indicating that Dobbs did not perform the allegedly defective work because Plaintiff terminated Dobbs due to ...

Excerpt: ...ollowing causes of action: (1) breach of contract; (2) fraud; (3) negligent misrepresentation; (4) breach of the covenant of good faith and fair dealing; (5) common counts; and (6) unjust enrichment. Plaintiff entered into a contract with Gomez and Gomez's business, SCCT, whereby Gomez and SCCT agreed to convert two of Plaintiff's trucks into food trucks. (Compl. ¶ 11.) The total price of the modifications was $143,200. (Id., ¶ 12.) This amount...

Excerpt: ...reached the listing agreement and was subsequently sued by Plaintiff in Teresa P. Roberts v. Sona Patel (Case No. 20STCV13284), commenced in April 2020. In June 2021, this Court granted judgment in Plaintiff's favor in the amount of $192,000. The present action alleges that shortly before judgment, Defendant formed a Nevada limited liability company and transferred three properties to the LLC to hide them from creditors, including Plaintiff. Thro...

Excerpt: ...DSM”) for Cadillac. As a result, Plaintiff was the liaison between GM and 19 GM dealerships in the Los Angeles area. Plaintiff alleges that two of those dealerships, Defendants Crestview Cadillac (“Crestview”) and Dutton Motor Company (“Dutton”), interfered with Plaintiff's employment by contributing to GM's decision to terminate Plaintiff based on her race. Plaintiff was terminated for purportedly failing to report fraud being committe...

Excerpt: ...iff”) filed its Second Amended Complaint (“SAC”) against Minho Lim (“Lim”), Ki Soon Seo (“Seo”), N9 Int'l Trading, Inc. (“N9”), and Kaldea, Inc. (“Kaldea”) (collectively “Defendants”) alleging thirteen causes of action stemming from Defendants' receipt of kickbacks from Plaintiff's suppliers and customers. Plaintiff hired Lim as a sales associate around June 2016, and Lim's title changed to sales coordinator around June ...

Excerpt: ...unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed Tapia. On February 24, 2021, the District filed a cross-compla...

Excerpt: ...eged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. The complaint has since been amended to add Gordon Choi (“Choi”) ...

Excerpt: ...sing from water intrusion and other weather damage to Plaintiff's house allegedly caused by Defendants' defective work. On November 9, 2021, Defendant W.J. Mercier Construction, Inc. (“Mercier”) filed the instant motion for determination of good faith settlement. Relying primarily on expert testimony that the work it conducted on Plaintiff's property did not fall below the industry standard of care, Mercier reached a $25,000 settlement with P...

Excerpt: ...he covenant of quiet enjoyment and warranty of habitability. The complaint alleges the following pertinent facts. Defendant is the owner of an apartment unit in Los Angeles, which was approved as a single-family dwelling. Without the required permits, Defendant remodeled the property into a multiple-unit apartment complex by dividing the single unit into three. Defendant lives in one unit and rented the other two to Airbnb tenants and Plaintiff. ...

Excerpt: ...rom Defendant's failure to promote Plaintiff, an African-American peace officer. Plaintiff presently moves to compel the depositions of Defendant's PMK and police chief. 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 Secti...

Excerpt: ...man and Nielson (“Defendants”) signed a guaranty in connection to a $3.9 million loan made by a group of lenders to RR Kinglet, LLC (“RR”), a company controlled by Defendants. RR failed to repay the loan, resulting in modification agreements extending the maturity date of the loan. By the last agreed-upon maturity date of March 2018, RR had still not repaid the loan. At that time, the amount due was $4.5 million. Plaintiff Kinglet, LLC (�...

Excerpt: ...llegations that Plaintiff had his duties and privileges restricted in retaliation for reporting unsafe practices and misconduct. Defendants presently move for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismiss...

Excerpt: ...Complaint against State Farm General Insurance Company (“State Farm”) and Eberl Claims Service, LLC (“Eberl”). The complaint asserts breach of contract, breach of the covenant of good faith and fair dealing, negligent misrepresentation, and elder financial abuse. The claims asserted against moving Defendant Eberl are negligent misrepresentation and elder abuse. The action arises from the following pertinent allegations. Plaintiff McCarthy...

Excerpt: ...be rejected, resulting in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco are scheduled for trial in January 2022. Gilbarco presently mo...

Excerpt: ... following causes of action: (1) whistleblower retaliation; (2) discrimination; (3) harassment; (4) FEHA retaliation; and (5) failure to take remedial action. Plaintiff is employed by Defendant County of Los Angeles, and his lawsuit stems from alleged mistreatment by coworkers and supervisors, including Defendant Martinez. This mistreatment was allegedly due to Plaintiff being African-American. Plaintiff alleges that he was openly chastised, excl...

Excerpt: ...xia Zhao (“Zhao”), and others. The lawsuit arises from the following pertinent facts. MHT contracted to renovate Zhao's home but breached the contract by failing to complete the construction in a timely manner or according to specifications. Zhao therefore filed an action against MHT and its CEO, Pan. Nautilus insured MHT for MHT's potential liability to Zhao. However, Nautilus discovered that MHT and Pan had made material misrepresentations ...

Excerpt: ... and failure to accommodate. Defendant hired Plaintiff around August 2017 as a probationary special education teacher at Enterprise Elementary School. (UMF No. 1; AMF No. 3.) Plaintiff was then assigned to Tierra Bonita Elementary School for the 2018-19 school year. (UMF No. 18.) Throughout her employment, Plaintiff made various complaints regarding staffing issues, hostile work environment, and ADA violations. (UMF No. 34, AMF Nos. 3-7, 10.) Pla...

Excerpt: ...ven causes of action. Causes of action 1-9 and 11 relate to Plaintiff's individual claims, which have been settled. The tenth cause of action arises under the Private Attorney General Act (“PAGA”), and Plaintiff sues under PAGA on behalf of herself and her fellow employees. Plaintiff claims that she and other employees were misclassified as independent contractors and denied proper pay and breaks. Plaintiff presently moves for an order compel...

Excerpt: ...xpress warranty. The causes of action arise from Plaintiff's purchase of a 2018 Mercedes-Benz E400C (Vehicle). Discussion A. The equitable estoppel doctrine applies and Mercedes may compel Plaintiff to arbitrate his claims against Mercedes. Defendant Mercedes moves to compel Plaintiff to submit this action to binding arbitration. Mercedes presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff a...

Excerpt: ...Eric J. Grenier (“Defendants”). The complaint stems from a lease agreement between landlord Plaintiff and tenant Defendant Lagree Underground. Defendant Grenier is the guarantor of Lagree's lease with Plaintiff. Plaintiff alleges that Defenant Lagree defaulted on its rent obligations on June 1, 2020 and owes around $58,750.14 as of February 1, 2021. Defendants Lagree and Grenier demur to both causes of action in the complaint, citing the ongo...

Excerpt: ...nst her employers World Oil Corp. and Asbury Environmental Services, and Does 1-25 (collectively “Defendants”), alleging the following causes of action: (1) Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge....

Excerpt: ...resentation; (3) breach of contract; (4) unjust enrichment; (5) money had and received; and (6) violation of Business and Professions Code. Plaintiff entered into a contract with GBM whereby GBM was to supply medical gloves to Plaintiff. (Compl. ¶ 11.) Plaintiff made a $1,064,778 deposit pursuant to a purchase order. (Id., ¶ 13.) GBM allegedly misrepresented the type of gloves it intended to provide. (Id., ¶¶ 14-16.) When GBM missed the deliv...

Excerpt: ...aint alleges the following causes of action: (1) breach of fiduciary duty and conspiracy thereof; (2) fraud; (3) intentional interference with contractual relations and prospective economic advantage; (4) breach of the implied covenant of good faith and fair dealing; (5) violation of Business and Professions Code section 17200; and (6) aiding and abetting breach of fiduciary duty. The complaint alleges in pertinent part as follows. Plaintiff Meta...

Excerpt: ...he trustee of the Hubert Dastig trust. (Compl. ¶ 2.) The property at issue in this action is a parcel of real property located in North Manhattan Place, Los Angeles (the “Property”). (Id., ¶ 4.) Plaintiff is the biological child of Wanda Dastig but not of Defendant Hubert Dastig, Wanda's husband. Plaintiff alleges that he is an undivided one-half owner of the Property, which was originally acquired by Hubert and Wanda Dastig. (Compl. ¶ 5.)...

Excerpt: ...ny (“Old Republic”) (collectively “Defendants”). The complaint alleges breach of contract against Gold Coast and Mracek, and an action on surety bonds against Old Republic. The lawsuit stems from Gold Coast's alleged failure to construct Plaintiff's pool according to specifications. The pool was damaged and became unusable. Mracek is Gold Coast's CEO and allegedly Gold Coast's alter ego. Plaintiff's claim against Old Republic stems from a...

Excerpt: ...contract, and (4) breach of the covenant of good faith and fair dealing. Plaintiff has since dismissed the fourth cause of action. The lawsuit arises from alleged statements made by Defendant on social media accusing one of Plaintiff's bartenders of drugging her and calling for a boycott of Plaintiff's business. (Compl. ¶¶ 12-13.) On August 13, the parties entered into a settlement agreement (“Agreement”) whereby Plaintiff would release Def...

Excerpt: ...ng the following causes of action: (1) breach of contract; (2) fraud; (3) common count; (4) accounting; and (5) voidable transaction. Around 2002, Plaintiff and Binder entered into an oral contract whereby Plaintiff would provide seed money and services to help Binder launch an internet jewelry business. (RSAC ¶ 5.) In exchange, Plaintiff was to receive 12% of yearly revenues and an annual accounting of gross revenues. (Ibid.) At some point afte...

Excerpt: ...ng and Fire Supply, Inc. (“GPFS”), and Thermafit Industries, Inc. (“Thermafit”), alleging the following causes of action: (1) fraud in the inducement; (2) fraud; (3) breach of fiduciary duty; (4) fraud; (5) financial elder abuse; and (6) conversion. Defendants Saro and Armond presently demur to the second, fourth, and fifth causes of action. Plaintiff alleges that he, Saro, and two nonparties founded IPT, Inc. in 1996. Plaintiff alleges t...

Excerpt: ...ive First Amended Complaint (“FAC”) against Mitchell Baker, Robeks Corporation, and Robeks Franchsie Corp. The FAC alleges nine causes of action for (1) defamation, (2) libel, (3) conversion, (4-5) intentional/negligent interference with prospective economic advantage, (6) intentional interference with contractual relations, (7-8) invasion of privacy, and (9) unfair competition. The first through third and seventh through eighth causes of act...

Excerpt: ...blic policy. On August 6, 2021, this Court granted Plaintiff's Motion to Compel responses to the following discovery requests: (1) Form Interrogatories, General Set One; (2) Form Interrogatories, Employment Set One; (3) Special Interrogatories, Set One; and (4) Requests for Production, Set One. Plaintiff received supplemental responses on August 27, past the deadline imposed by the Court. Plaintiff currently takes issue with Defendant's supplemen...

Excerpt: ... gender discrimination, (2) race discrimination, (3) failure to prevent, (4) hostile work environment, and (5) intentional interference with prospective economic advantage. At issue presently is Plaintiff's motion to compel Defendant General Motors, LLC (“GM”) to produce eight individuals for deposition. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a ...

Excerpt: ...ance against Polymer80, Inc., David Borges, and Loran Kelley (collectively “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 (“AFL”). (Compl. ¶¶ 39-61.) These violations for...

Excerpt: ...iff alleges that he was a non-exempt employee entitled to overtime and breaks and that he was terminated in retaliation for reporting Defendant's violation of wage laws and other violations regarding Defendant's construction work. Plaintiff was hired by Defendant in April 2019 as a Senior Construction Manager. (UMF No. 2.) Plaintiff was an at-will employee with a salary of $150,000 per year. (UMF Nos. 4-5.) Plaintiff was responsible for monitorin...

Excerpt: ...failure to engage; (5) failure to accommodate; (6) FEHA retaliation; (7) CFRA interference and retaliation; (8) wrongful discharge in violation of public policy; (9) failure to pay wages; (10) failure to provide breaks; and (11) unfair business practices. Plaintiff was hired by Defendant Telecare in 2005 as a social worker or counseling therapist. (FAC ¶ 12.) Plaintiff alleges that she was denied overtime pay even though she was required to work...

Excerpt: ... suppliers, alleging causes of action for fraud, business code violations, breach of fiduciary duty, accounting, breach of contract, extortion, and defamation. At issue presently is a motion to compel deposition filed by Band Pro Film and Digital, Amnon Band, and Direct Video Warehouse, Inc. (collectively “Band Pro Defendants”). Defendants seek to depose Adrianna Ruiz, an employee of Plaintiff EFD who purportedly has information on the transa...

Excerpt: ...��). The complaint is handwritten and not fully legible. However, it appears Plaintiff is alleging misconduct by the police department during an investigation into identify theft reported by Plaintiff. Plaintiff alleges that the police department invaded his privacy by hacking into his electronic devices, lied to him, and subjected him to a “brainwave investigation.” Plaintiff further alleges that he suffered a broken hand, was forced to drin...

Excerpt: ...22, 2020 by Plaintiff Chamroun Pisey Lor (“Plaintiff”), alleging causes of action for partition, waste, and accounting. On May 27, 2021, Defendant and Cross-Complainant Chi Vouy Chao (“Defendant”) filed his First Amended Cross- Complaint (“FACC”) against Plaintiff and Cross-Defendant Lor, alleging causes of action for quiet title, recission of deed, breach of fiduciary duty, and conversion. Chao and Lor were married from 2003 to 2015....

Excerpt: ...set aside trustee sale, (3) void trustee's deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious. In September 2007, Freeman and Boyd entered into a written settlement agreem...

Excerpt: ...mplaint alleges that Plaintiff developed pressure ulcers while staying at Defendants' care facility. Plaintiff alleges that Defendants failed to properly monitor and provide care to him and that the facility was underfunded and understaffed with inadequately trained personnel. At issue presently are three motions to compel further responses to discovery requests propounded by Plaintiff to Defendant Kelly & Garret Enterprises, Inc. (“Defendant�...

Excerpt: ...n”), and Mercedes Gutierrez (“Gutierrez”) (collectively “Defendants”), alleging seven causes of action for discrimination, harassment, retaliation, failure to accommodate, failure to prevent FEHA violations, and violation of equal pay. On February 11, 2021, Plaintiff served a set of Requests for Production (“RFP”) to Defendant LACCD. (Flores Decl., Ex. A.) After receiving objections in response (id., Ex. B), Plaintiff filed the inst...

Excerpt: ...declaratory relief. The lawsuit stems from the following facts. In June 2007, AMAG entered into loan and security agreements with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had breache...

Excerpt: ...LC (“Defendant”) alleging five causes of action stemming from Defendant's alleged failure to address uninhabitable conditions in its residential building and rental unit. On May 25, 2021, Plaintiffs served 347 requests for admission (“RFA”), against which Defendant moved for a protective order. Plaintiffs withdrew the RFAs at the hearing on the protective order on August 6, thereby mooting the motion. However, on August 18, Plaintiffs ser...

Excerpt: ...nies, alleging (1) breach of employment contract, (2) wrongful discharge, (3) breach of fiduciary duty, (4) inducing breach of contract, (5) tortious interference with contractual relations, (6) tortious interference with prospective economic advantage, and (7) quantum meruit. Plaintiff and Defendant Herning co-founded the company 11 Honore. Plaintiff alleges that she was terminated for reporting Defendant Herning's inappropriate relationship and...

Excerpt: ... this Court granted Defendant's motion to compel arbitration. On June 17, 2021, Plaintiff made a demand for arbitration with the American Arbitration Association (“AAA”). A dispute then arose regarding the amount of filing fee that Plaintiff was to pay. After exchanging correspondence with both parties, AAA issued a letter on July 20 demanding payment of the full $2,200 filing fee from Defendant. The letter gave Defendant until September 3 to...

Excerpt: ...gainst Swan Bay Solutions, Inc. (“Swan Bay”) and Jason Turchin (“Turchin”) (collectively “Defendants”), alleging fraud and breach of contract. Plaintiffs allege that Defendants agreed to provide ownership interest in the company Swan Bay along with a disbursement of profits in exchange for Plaintiffs' investment money but that Defendants never followed through. Defendants presently demur to both causes of action. LEGAL STANDARD A demu...

Excerpt: ...(2) trade libel, (3) breach of contract, and (4) breach of the covenant of good faith and fair dealing. The lawsuit arises from alleged statements made by Defendant on social media accusing one of Plaintiff's bartenders of drugging her and calling for a boycott of Plaintiff's business. (Compl. ¶¶ 12-13.) On August 13, the parties entered into a settlement agreement (“Agreement”) whereby Plaintiff would release Defendant from liability if De...

Excerpt: ...g the following causes of action: (1) fraud; (2) negligent misrepresentation; (3) breach of contract; (4) unjust enrichment; (5) money had and received; and (6) violation of Business and Professions Code. Plaintiff entered into a contract with GBM whereby GBM was to supply medical gloves to Plaintiff. (Compl. ¶ 11.) Plaintiff made a $1,064,778 deposit pursuant to a purchase order. (Id., ¶ 13.) GBM allegedly misrepresented the type of gloves it ...

Excerpt: ...m Plaintiff's termination after taking medical leave. On August 8, 2021, Plaintiff served a set of Requests for Admission (“RFA”) and accompanying Form Interrogatories (“FROG”). The RFAs contain 130 requests, and FROG No. 17.1 contains 4 subparts for each response to the RFAs that is not an unqualified admission. Defendant presently moves for a protective order on the grounds that the number of RFAs exceeds the statutory limit without jus...

Excerpt: ...juries Plaintiff sustained at her home while in Defendant's care. Defendant presently demurs to the first cause of action for elder abuse. 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. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1...

Excerpt: ...stemming from Plaintiff's alleged sexual assault by two students attending Defendant Los Angeles Unified School District (“LAUSD”). Plaintiff's claims against LAUSD center around the adequacy of LAUSD's investigation into the alleged assault. LAUSD had determined that Plaintiff's claims were unsubstantiated and took no further action. At issue in this motion to compel further responses are two Requests for Production (“RFP”) propounded by...

Excerpt: ... Ventures VI, L.P., Redpoint Associates VI, LLC, Redpoint Ventures VI, LLC (collectively “Redpoint”), and Greycroft Partners IV, LP. The SAC alleges (1) breach of employment contract, (2) wrongful discharge, (3) breach of fiduciary duty, (4) inducing breach of contract, (5) tortious interference with contractual relations, (6) tortious interference with prospective economic advantage, and (7) quantum meruit. Plaintiff and Defendant Herning co...

Excerpt: ...ely “Defendants”) alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. Defendants filed an answer on January 8, 2021. On January 19, 2021, Plaintiffs improperly filed a First Amended Complaint (“FAC”) without stipulation or leave of court. That pleading is ineffective, and the operative compl...

Excerpt: ...nts with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had breached the loan agreement and owed AMAG approximately $4.9 million. AMAG subsequently filed suit against Vlaze for breach of t...

Excerpt: ...ndustrial Properties, LLC (“Landlord”) filed a complaint against Defendant and Cross-Complainant Bart & Judy's Bakery, Inc. and Bart Greenhut (collectively “Bart”). The complaint alleges the following causes of action: (1) breach of lease; (2) common counts; (3) breach of written guaranty; and (4) ejectment. On August 12, 2021, Bart filed a cross-complaint (“CC”) against Landlord for negligence and unfair business practices arising fr...

Excerpt: ...LLC (“Defendant”). The Vehicle was purchased new in December 2010 and came with a three-year warranty. (UMF No. 1.) The original owner brought the Vehicle in for repair once in September 2013, where the Vehicle's throttle body was replaced. (Ibid.) In October 2013, Plaintiff Anabell Ruiz Nunez (“Plaintiff”) purchased the Vehicle used. At the time, Plaintiff received the balance of the following warranties: (1) three-year/36,000-mile basic...

Excerpt: ...roperty. Colise has cross-complained against Kenneth Kuhnhofer and Kuhnhofer Builders, Inc. for false representations made regarding construction of the subject property. Kuhnhofer and Kuhnhofer Builders have also cross-complained against Colise and Minh Mach for failure to pay Kuhnhofer for services performed in building the property. Cross-Defendants Colise2 and Minh Mach (collectively “Cross-Defendants”) presently demur to the first, secon...

Excerpt: ...�) alleged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. The complaint has since been amended to add Gordon Choi (“Cho...

Excerpt: ...Plan, Inc., Kaiser Permanente Medical Group, Kaiser Foundation Hospitals, and Does 1-100. The complaint alleges 12 causes of action for violations of FEHA, CFRA, Labor Code section 1102.5, breach of contract, negligent hiring, wrongful termination in violation of public policy, and intentional infliction of emotional distress. Plaintiff alleges that she was harassed and discriminated against due to her age, medical condition, disability, and taki...

Excerpt: ..., and Thermafit Industries, Inc. (“Thermafit”), alleging the following causes of action: (1) fraud in the inducement; (2) fraud; (3) breach of fiduciary duty; (4) fraud; (5) financial elder abuse; and (6) conversion. Defendants Saro and Armond presently demur to the second, fourth, and fifth causes of action. Plaintiff alleges that he, Saro, and two nonparties founded IPT, Inc. in 1996 (FAC ¶ 11.) Plaintiff alleges that he worked for IPT as ...

Excerpt: ...“ROCOR”) (the “Synod”) filed the operative First Amended Complaint (“FAC”) against Our Church Building, Inc. (“OCB”), alleging causes of action for: (1) declaratory relief and (2) constructive trust. The Synod contends that OCB was formed to acquire church property and operates under ROCOR's authority. (FAC ¶¶ 3, 42.) This action stems from OCB's refusal to transfer three properties to ROCOR: (1) the “Church Property,” (2) �...

Excerpt: ...efendant presently demurs to both causes of action and moves to strike portions of the complaint. Plaintiff has not filed an opposition. 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. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 121...

Excerpt: ...thern California Permanente Medical Group (“SCPMG”), and Andrea Allen (“Allen”) (collectively “Defendants”). The complaint alleges the following causes of action: (1) racial discrimination; (2) harassment based on race; (3) failure to prevent; (4) retaliation; and (5) CFRA discrimination and retaliation. Plaintiff was hired by SCPMG in November 2003 as a medical assistant (“MA”) at SCPMG's Montebello office. (UMF No. 1.) Allen was...

Excerpt: ... for retaliation, wrongful termination, declaratory relief, and failure to reimburse business expenses. On August 26, 2021, Defendant filed the instant motions to compel further responses to the following discovery requests: (1) Special Interrogatories Nos. 7, 10, 11, and 19; and (2) Request for Production No. 16. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response ...

Excerpt: ...ntiff's claims arise from his purchase of a 2019 GMC Sierra 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 served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspect...

Excerpt: ... wired $600,000 to Plaintiff with the expectation that Plaintiff would repay the loan in monthly installments. (Miyake Decl. ISO Def.'s Mot. to Compel Arb. (“Miyake Decl.”) ¶¶ 5-9, Ex. A.) When Plaintiff defaulted on the loan, Defendant initiated a JAMS arbitration proceeding for breach of contract, relying on an arbitration provision contained in the writing. (Ellena Decl. ISO Def.'s Mot. to Compel Arb. (“Ellena Decl.”) ¶¶ 2-6, Ex. B...

Excerpt: ...��), alleging discrimination and failure to prevent discrimination. Plaintiff's complaint arises from Defendant's failure to promote Plaintiff, an African-American peace officer. On June 14, 2021, this Court ordered Defendant to produce further responses to Plaintiff's Request for Production No. 40 and Special Interrogatories Nos. 5, 21, 30, and 31. Plaintiff has filed the instant motions to compel further responses based on his belief that Defen...

Excerpt: ...pay back rent to Plaintiff and vacate Plaintiff's premises by a certain date. Plaintiff had previously prevailed in an unlawful detainer action by summary judgment. Defendant argues that Plaintiff is seeking damages in this breach of contract action that it could have obtained in the underlying unlawful detainer action. (Motion 3:4-5.) Defendant argues that Plaintiff is improperly splitting a cause of action. (Motion 5:5-7.) The Court grants Defe...

Excerpt: ...r violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2018 Range Rover Velar (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, ...

Excerpt: ...ty. The complaint arises from Defendant's alleged stealing of Plaintiff's business furniture, cosmetic samples, and business records while working for Plaintiff as a business manager. On April 13, 2021, this Court ordered Defendant to produce further responses to Plaintiff's Requests for Production, Set One (“RFP”). Plaintiff now moves for monetary, issue, and terminating sanctions based on Defendant's supplemental responses to the RFPs, whic...

Excerpt: ...ant”), stating 11 causes of action stemming from Defendant's alleged failure to abate a bed bug infestation. Plaintiffs entered into a rental agreement to live at Defendant's property around February 2009. (Compl. ¶ 28.) Plaintiffs allege that around March 2020, they began noticing bed bugs in their unit and immediately notified management, specifically someone named Natalie. (Id., ¶ 29.) Plaintiffs allege that despite their persistent compla...

Excerpt: ...”), alleging causes of action for legal malpractice against the Hollins Defendants and negligence against Levin. Plaintiff is an attorney who was sued by a former client in an underlying case (the “Dominguez Action”). Plaintiff was held liable for, among other things, failure to notify his former client Dominguez of receipt of settlement funds, failure to render accounts for client funds, failure to maintain client funds in trust, and breac...

Excerpt: ..., alleging the following causes of action: (1) breach of contract; (2) fraud; (3) common count; (4) accounting; and (5) voidable transaction. Around 2002, Plaintiff and Binder entered into an oral contract whereby Plaintiff would provide seed money and services to help Binder launch an internet jewelry business. (RSAC ¶ 5.) In exchange, Plaintiff was to receive 12% of yearly revenues and an annual accounting of gross revenues. (Ibid.) At some po...

Excerpt: ...4) failure to engage; (5) failure to accommodate; (6) FEHA retaliation; (7) CFRA interference and retaliation; (8) wrongful discharge in violation of public policy; (9) failure to pay wages; (10) failure to provide breaks; and (11) unfair business practices. Plaintiff was hired by Defendant Telecare in 2005 as a social worker or counseling therapist. (FAC ¶ 12.) Plaintiff alleges that she was denied overtime pay even though she was required to w...

Excerpt: ... Chao (“Chao”) filed his First Amended Cross-Complaint (“FACC”) against Plaintiff and Cross-Defendant Chamroun Pisey Lor (“Lor”), alleging causes of action for (1) quiet title, (2) recission of deed, (3) breach of fiduciary duty, and (4) conversion. Chao and Lor were married from 2003 to 2015. (FACC ¶ 7.) The property that is the subject of this action is a home located in Carson, California, which Chao solely owned as a result of di...

Excerpt: ... and disability leave, as well as Plaintiff's complaints about violations of the Labor Code. Defendant South East Personnel Leasing, Inc. (“Defendant”) now moves to strike portions of the complaint relating to Plaintiff's punitive damages claim. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of that pleading. (Code Civ. Proc., § 435, subd. (b)....

Excerpt: ...g causes of action: (1) sexual harassment; (2) sex and sexual orientation discrimination; (3) retaliation; (4) failure to prevent; and (5) whistleblower retaliation. Plaintiff began working for Defendant in September 2017. (UMF No. 1.) Between March and April 2018, Plaintiff's coworker (“Montano”) made a series of inappropriate comments and gestures towards Plaintiff. (UMF Nos. 44-45.) The comments include calling Plaintiff, who is lesbian, a...

Excerpt: ...e with Solaris Trading Corporation (“Solaris”) as tenant for a unit to be used an automotive tire warehouse located at 8435 Canoga Avenue, Unit A, Canoga Park, California 91304 (the “Property”). Stefan Bostanian (“Bostanian”) is Solaris' CEO and the guarantor under the lease. Essentially, Plaintiff alleges that Solaris failed to pay the rent and certain charges and fees. Plaintiff commenced this action against Solaris and Bostanian (c...

Excerpt: ...esa International Corp (“Inesa”); Feilo International Trade Co., Ltd. (“Feilo”); and Kenneth Bruce Shaevel (“Shaevel”) on September 18, 2018. The operative pleading is the Fourth Amended Complaint (“FAC”) which was filed on March 16, 2021. The FAC contains causes of action for (1) breach of written contract and (2) retaliation in violation of Labor Code section 1102.5. KBLED, All-In, and Shaevel obtained summary adjudication on ea...

Excerpt: ...endant. (Id., ¶ 13.) As a result, Plaintiff was placed on medical leave until May 2018, at which point Plaintiff was released to work with restrictions. (Id., ¶¶ 13-14.) However, Defendant did not have an available position to accommodate Plaintiff's restrictions and therefore continuously granted extensions to Plaintiff's leave until April 2019. (Id., ¶ 14.) Throughout this period, Plaintiff kept Defendant apprised of his condition through t...

Excerpt: ... 2019 back wage lawsuit against her former employers, SM Management LLC and Westminster Square Partners, LLC (collectively “Cross-Complainants”) and Michael Hakim—to recover unpaid wages from her former employment as a resident manager of a 54-unit apartment building. Cross-Complainants have since filed and recently on June 11, 2021, amended their cross- complaint. The first amended cross-complaint (“FACC”) alleges five causes of action...

Excerpt: ...ril 2, 2021. The Complaint asserts causes of action for violation of the Song-Beverly Act. The causes of action arise from Plaintiffs' purchase of a 2018 Jeep Renegade (Vehicle). Objections Plaintiff's objections are overruled. Discussion A. Felisilda is Controlling. Defendant FCA moves to compel Plaintiffs to submit this action to binding arbitration. FCA presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered i...

Excerpt: ...) fraud; (2) negligent misrepresentation; (3) breach of contract; (4) unjust enrichment; (5) money had and received; and (6) violation of Business and Professions Code. Plaintiff entered into a contract with GBM whereby GBM was to supply medical gloves to Plaintiff. (Compl. ¶ 11.) Plaintiff made a $1,064,778 deposit pursuant to a purchase order. (Id., ¶ 13.) GBM allegedly misrepresented the type of gloves it intended to provide. (Id., ¶¶ 14-1...

Excerpt: ...he following causes of action: (1) Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge. Plaintiff worked for Defendant as a collections specialist, which entailed reviewing aging reports, calling customers for pay...

Excerpt: ... Social Services (“LADPSS”) and her supervisor, Monique Nollner (“Nollner”) (collectively “Defendants”). The complaint lists causes of action for (1) failure to engage in the interactive process, (2) failure to provide reasonable accommodation, (3) disability discrimination, (4) disability harassment, and (5) failure to prevent. Plaintiff has asserted a punitive damages claim against Defendant Nollner. Plaintiff alleges that Nollner a...

Excerpt: ...lleging (1) recission and (2) unjust enrichment. Plaintiff alleges that he was fraudulently induced by Defendant's officers, Andrew and Taylor Wiederhorn, into signing a franchise agreement (“the Agreement”) with Defendant under the impression that Plaintiff was to develop Fatburger restaurants in Iran, pending the lifting of Iran Nuclear Deal sanctions. (SAC ¶¶ 13-16.) Plaintiff alleges that Andrew and Taylor misled him into believing that...

Excerpt: ...ch of good faith and fair dealing, and (3) wrongful termination in violation of public policy. Plaintiff has identified Does 1-3 as Burbank Subtenant LP, SRG Pacific Management LLC, and SRG Operating, Inc. (collectively “Defendants”), who have filed the present demurrer. Plaintiff alleges that she was wrongfully terminated for reporting missing medication. Plaintiff does not identify the name of her employer, instead alleging that Defendants ...

Excerpt: ... Inc. (“11 Honore”), and other companies, alleging (1) breach of employment contract, (2) wrongful discharge, (3) breach of fiduciary duty, (4) inducing breach of contract, (5) tortious interference with contractual relations, (6) tortious interference with prospective economic advantage, and (7) quantum meruit. Plaintiff and Defendant Herning co-founded the company 11 Honore. Plaintiff alleges that she was terminated for reporting Defendant ...

Excerpt: ...gn defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Plaintiff Mr. Soberanis developed leukemia, allegedly due to his exposure to defective chemical products manufactured by various defendants. (UMF Nos. 1-3.) In identifying Nexeo Solutions (“Defendant”) as Doe 3, Plaintiff alleges that Defendant manufactured or supplied Lacquer Thinner 25WC, which Plaintiff worked with from 2007-2018. (UMF Nos....

Excerpt: ...action for violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2018 Toyota Highlander (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 exam...

Excerpt: ...Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge. Plaintiff worked for Defendants as a collections specialist, which entailed reviewing aging reports, calling customers for payment, responding to customer compl...

Excerpt: ...y discrimination, retaliation, and failure to accommodate. Defendant hired Plaintiff around August 2017 as a probationary special education teacher at Enterprise Elementary School. (UMF No. 1; AMF No. 3.) Plaintiff was then assigned to Tierra Bonita Elementary School for the 2018-19 school year. (UMF No. 18.) Throughout her employment, Plaintiff made various complaints regarding staffing issues, hostile work environment, and ADA violations. (UMF ...

Excerpt: ...de of Civil Procedure, Section 425.16 (the “Anti-SLAPP Motion”). OBJECTIONS As to Plaintiffs' objections to A. Sasha Frid's Declaration, Objection 1 through 8 are overruled. Plaintiffs' objection to Chart attached to A. Sasha Frid's Declaration is overruled. Plaintiffs' objections to Exhibit E & F attached to A. Sasha Frid's Declaration are overruled. Plaintiffs' objections to paragraph 24 & 25 of A. Sasha Frid's Declaration is overruled. As ...

Excerpt: ...errez (“Gutierrez”) (collectively “Defendants”), alleging seven causes for discrimination, harassment, retaliation, failure to accommodate, failure to prevent FEHA violations, and violation of equal pay. Defendant LACCD demurs to the first, second, fourth, and fifth causes of action. Defendants Roman and Gutierrez demur to the second cause of action. All three Defendants move to strike portions of the FAC alleging that Defendants harassed...

Excerpt: ...) 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. On July 9, 2020, Defendant filed a cross-complaint against Plaintiff for (1) breach of partnership agreement, (2) breach of fiduciary duty, (3) breach of the implied covenant of good faith and fair dealing, and (4) dissolution of...

Excerpt: ...ate, and wrongful termination. Plaintiff was a schoolteacher employed by Defendant. Beginning in 2015, Plaintiff signed yearly employment contracts which had an arbitration agreement attached to each of them. Plaintiff signed the attached arbitration agreements for the years 2015-2018 but refused to sign the arbitration agreements for years 2019-2020. Defendant argues that Plaintiff is bound by the arbitration agreement signed in 2018 for the 201...