Excerpt: ...arise from Plaintiff s purchase of a 2021 Hyundai Palisade (Vehicle). Discussion Defendant HMA to compel Plaintiffs to submit this action to binding arbitration. HMA presents a copy of the Vehicle' s Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Norm Reeves Hyundai Superstor_ (Ameripour Decl. Ex_ 2.) Plaintiffs causes of action fall within the broad scope of this arbitration clause because the causes of action rel...

Excerpt: ...(HBOR): unfair business practices, and cancellation of written instruments. Plaintiffs allege that they are ouners a certain real property secured by a mortgage. Defendant Flagstar, the loan servicer: allegedly recorded a notice of default without providing Plaintiffs sufficient notice and opportunity to avoid foreclosure. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal...

Excerpt: ...ated in Oceanside, Califomia as of September 1977 (the Property). In May 2015 and October 2017 unbeknownst to Plaintiff, Decedent borrowed Sl 002000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property uithout encumbrance Defendants have refiused to remove the subject liens from the Property: prompting this lawsuit On March 4, 2021 Defendant...

Excerpt: ...of contract and (2) quantum The FAC alleges that the parties entered into a written fee agreement in 2004: which encompassed representation in several matters. (FAC 7 Plaintiff was retained to represent Defendant in business matters related to Defendant: s divorce. (ld 8.) Around July 2011 , Plaintiff left the law firm he was working for and formed his firm, and Defendant decided to have Plaintiff continue representing him. (ld. '19.) At this tim...

Excerpt: ...dge Jeep Ram of Alhambra (Bravo). On March 10, 2023 Defendants filed their demurrers to the FAC FCA argues that the Song-Beverly claims are time-barred: while argues that the negligent repair claim is barred by the economic loss mle_ 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...

Excerpt: ...y that purchases accounts from businesses and obtains the right to payment on associated invoices. (CompL 7-8.) To assist in collecting on the accounts, Plaintiff provides notice to the account debtors that there has been an assignment and instructing the debtors to pay Plaintiff directly. (ld., 8.) One of Plaintiff s clients is third party Transport, Inc., a Nonh Carolina company. (ld., 9 Plaintiff entered into a factoring agreement with whereby...

Excerpt: ...terference, and fraud stemming from Defendants' purported mismanagement of Plaintiff. The complaint 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...

Excerpt: ...dical Group. The complaint alleges (1) race discrimination, (2) age discrimination: (3) FEHA retaliation, (4) whistleblower retaliation: and (5) failure to prevent Plaintiff contends that he applied for 270 positions and was passed over for all of them due to his age or race. Plaintiff claims that Defendants have a system in place to promote pre- identified candidates and that the competitive selection process is merely a front to give the Impres...

Excerpt: ...ction 425 _ 16 (the "Anti-SLAPP Motion'). On August 11: 2021: after hearing oral argument, the court granted Defendants' motion as to four of Plaintiff s causes of action (interference with contractual relations, unfair competition: intentional infliction of emotional distress and, negligent supervision/retention) and awarded attorney's fees in the amount of $49,000 and, costs of $1,612.21 for a total of S50, 612 21. On March 31 , 2022, Plaintiff...

Excerpt: ...an), 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 the ...

Excerpt: ...z") (collectively "Defendants'), alleging seven causes of action for discrimination: harassment: retaliation: failure to accommodate: failure to prevent FEHA violations, and violation of equal pay. Plaintiff alleges that LACCD rejected his application for the position of Director ofEmp10yee-Emp10yer Relations (ELR) because he is African-American. Plaintiff also alleges that Roman and Gutierrez created a hostile working environment for the same re...

Excerpt: ...lumer _ The SAC asserts causes of action for (1) legal malpractice, (2) accounting malpractice: (3) breach of fiduciary duty, (4) fraudulent concealment, and (5) financial elder abuse. Defendant Lanning and his law firm represented Plaintiff for over thirty years in connection with estate planning. However: unbeknownst to Plaintiff Defendants also began representing Plaintiffs son: Shervin. Defendants did not disclose this conflict of interest an...

Excerpt: ...ient facts and were uncenain. Plaintiff filed the operative Second Amended Complaint on February 21, 2023, alleging (1) breach of contract: (2) general negligence: (3) intentional ton, and (4) premises liability On March 27 2023 Defendant filed the instant demurrer to the SAC, arguing that the SAC fails to plead sufficient facts and is uncertain. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn...

Excerpt: ...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 bemeen the parties resulted in a Tenant Settlement Agreement (TSA), ivhich essentially granted Plaintiffs tenancy for life at the subject premises. Plaintiffs allege that Defendants attempted to work around the TSA by falsely accusing Plaintiffs of b...

Excerpt: ...vely "Defendants'), alleging seven causes of action for discrimination: harassment: retaliation: failure to accommodate: failure to prevent FEHA violations, and violation of equal pay. Plaintiff alleges, among other things: that LACCD rejected his application for the position of Director of Employee-Employer Relations based on discriminatory motives On March 6, 2023 Plaintiff filed the instant motion to compel fflther answers in the deposition of...

Excerpt: ...jury retumed a verdict in favor of Plaintiff for breach of implied warranty: awarding $45 , 514.15 in damages. Although Plaintiff prevailed at trial: Defendant seeks to recover its costs incurred after Plaintiff rejected its Section 998 offer. Tracking the language of the Song-Beverly Act, Defendant offered to pay restitution equal to the actual price paid or payable by Plaintiff (with certain exclusions) plus incidental damages. (Guillot Decl_, ...

Excerpt: ...m 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 uitness to the incident, who also lives in Idaho. Defendants have their principal place of business in Califomia_ On March 30, 2023 Defendants filed the instant motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be tried in Idaho. LEGAL STANDARD '...

Excerpt: ...tion proceeding and were awarded ownership of Borisoffs past and future royalties and attomey fees of S67, 866 _ 13 _ On October 3 2013 Defendants petitioned the Court to confirm the award, which the Coun did on January 15: 2014: with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4: 2021: the Currency Corp ("Plaintiff) was substituted as Borlsoffs successor in i...

Excerpt: ...n for malicious prosecution. The Complaint alleges that Defendants acted without probable cause in bringing to trial their underlying medical negligence and medical battery action in the case Ying Hong Zhang v. Kenneth Purdom, MD. with case number 18STCV06553_ Plaintiff argues that Defendants acted maliciously by intentionally proceeding to trial knowing that they did not have a qualified expert to opine on essential causes of action, causing Pla...

Excerpt: ...le indemnity, (4) unjust enrichment, (5) money had and received, and (6) declaratory relief Plaintiffs allege that they owned the subject property (the Property) with Defendant as joint tenants beginning in 2007 _ (CompL 11.) In 2008, Defendant was in financial trouble: and Plaintiffs agreed to give Defendant S252000 in exchange for Defendant' s interest in the Property. (ld.: 13 _ ) For some unknown reason: the grant deed that supposedly conveye...

Excerpt: ...itration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substituted as Borisoff's suc...

Excerpt: ...erest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Property in her name and ho...

Excerpt: ...erty. Defendants Willwerth and Gordon filed separate but identical answers labeled “Response to Summons” on February 28, 2023 and March 6, 2023, respectively. On March 10, 2023, Plaintiffs filed the instant motion for judgment on the pleadings against Defendants' answers. LEGAL STANDARD A motion for judgment on the pleadings may be made on the same grounds as those supporting a general demurrer, i.e., that the pleading fails to state facts su...

Excerpt: ...ustained Defendant's demurrer to the fraud claim pursuant to the economic loss rule. However, on January 23, 2023, the Court granted reconsideration of the order in light of the Court of Appeal decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, which held that the economic loss rule does not bar fraudulent inducement claims. Plaintiff filed the operative First Amended Complaint on February 10, 2023, asserting a fraud clai...

Excerpt: ... the complaint. 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 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (C...

Excerpt: ...ustained Defendant's demurrer to the fraud claim pursuant to the economic loss rule. However, on January 23, 2023, the Court granted reconsideration of the order in light of the Court of Appeal decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, which held that the economic loss rule does not bar fraudulent inducement claims. Plaintiff filed the operative First Amended Complaint on February 10, 2023, asserting a fraud clai...

Excerpt: ...KT), Technijan, Inc. (Technijan), 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 EFD'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, 2...

Excerpt: ...le cause of action for age discrimination based on Plaintiff's termination from the Police Chief position. On March 7, 2023, Defendant filed the instant motion to compel Plaintiff's responses to Requests for Production, Set Two. Defendant had previously propounded interrogatories seeking information on Plaintiff's damages. Plaintiff objected to the interrogatories on the grounds that they required expert analysis and Plaintiff had not retained an...

Excerpt: ...use), asserting various claims 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 appro...

Excerpt: ...ion against Defendants James Campbell Productions, Inc. and Bloomingdales, LLC for unpaid wages following a fashion show. Defendant Campbell has cross-complained for indemnity against the talent agencies that provided the models, alleging that Campbell exclusively contracted with the agencies and paid the money to the agencies. The cross-complaint alleges that it was the agencies' negligence that caused Plaintiffs' damages. Cross-Defendant LA Mod...

Excerpt: ...ant Levine was allegedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, the trustee of Levine's estate, as a Defendant. On January 13, 2023, the Court granted Defendant Manalo's demurrer to the FAC on statute of limitations grounds but granted leave to amend for Plaintiff to allege equitable estoppel. On February 2, 2023, Plaintiff filed the operative...

Excerpt: ...omplaint is about an alleged sublease between Plaintiff and Defendant for Defendant to occupy a commercial property in Los Angeles. (Compl_ 11.) According to the sublease, the term of Defendant's occupancy was to be January 15, 2021 to January 31, 2022. (ld., 14.) Upon execution of the contract, Defendant was to pay $252000 directly to the master lessor, consisting of a security deposit and approximately one month rent. (ld 15.) Defendant was the...

Excerpt: ...gal malpractice, (2) breach of fiduciary duty, and (3) fraud. On February 1 2023 Plaintiff filed the instant four motions to compel further responses from Defendants as to Requests for Production and Form Interrogatories. LEGAL STANDARD Upon receiving responses to requests for mspection or interrogatories, the propounding party may move for an order compelling fiurther responses if the party finds that an objection is uithout merit or an answer i...

Excerpt: ...Molina) and NINICHR_ Inc. (NIMC) Plaintiff worked as an insurance biller at Molina. Plaintiff took a leave of absence allegedly due to stress caused by a hostile work environment Molina was purportedly unable to accommodate continuous extensions of Plaintiff s leave and tenninated Plaintiff N'INIC is a human resource company retained by Molina to handle HR matters. On December 9, 2022, N,IMC filed the instant motion for summary judgment, arguing ...

Excerpt: ...d Complaint ("FACE) filed on January 13: 2021. The FAC alleges causes of action: (1) retaliation in violation of Health and Safety Code section 1278 5; and (2) whistleblower retaliation in violation of Labor Code section 1102_5_ The matter was tried by the Coun from October 20, 2022, to Ncnember 1, 2022. On December 16: 2022: the Court issued a statement of decision finding Defendant liable on both causes of action and awarding total damages of $...

Excerpt: .... The complaint 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 ower WGHZ s assets for themselves. ...

Excerpt: ...iled January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer: (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC 10-12.) The incident allegedly left Plaintiff with severe i...

Excerpt: ...dant 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 higher...

Excerpt: ...) harassment, (2) discrimination: (3) FEHA retaliation, (4) whistleblower retaliation, (5) failure to take corrective action: (6) violation of POBR, and (7) failure to accommodate. Plaintiffs Sandoval and Parra are Hispanic and allege that they were harassed and discriminated against due to their race. Parra additionally alleges harassment and discrimination based on her gender. Grant and Sandoval are also over 40 and disabled. Plaintiffs additio...

Excerpt: ...ration based on an agreement signed by Plaintiff at the outset of her employment. LEGAL STANDARD The Califomia Arbitration Act (CAA) states that "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines tha...

Excerpt: ...tness, (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 dextrose powder ("CDP")_...

Excerpt: ... Famil Trust. The complaint alleges that Defendant defectively prepared the Trust' s tax returns and provided faulty tax advice. On January 6, 2023 Defendant filed the instant demurrer, arguing that Plaintiffs claim is barred by the statute of limitations _ 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 a...

Excerpt: ...covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance. On February 16, 2023, Plaintiffs filed the instant 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 _ LEGAL STANDARD The court may, in furtherance ...

Excerpt: ...ment, (4) failure to pay wages, and (5) violation of Labor Code section 221. Plaintiff alleges that Defendants terminated him and repudiated an agreement that allows Plaintiff to purchase certain shares in Triller HoldCo_ Plaintiff alleges that his right to purchase said shares is reflected in his Employment Agreement: the Warrant to purchase the shares, and the Agreement he signed upon his termination. All three of these agreements contain an ar...

Excerpt: ... accommodation for his disability. The complaint asserts causes of action for (1) discrimination, (2) retaliation, (3) failure to prevent, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) wrongful termination, (7) declaratory relief, and (8) injunctive relief. Plaintiff began working for Defendant in 1998 as a Client Services and Marketing employee. In 2017, Plaintiff was promoted to the position of Data Governanc...

Excerpt: ...ed on March 25, 2022. On May 11, 2022, Plaintiff filed the operative First Amended Complaint, asserting (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. Defendants once again failed to respond to the complaint, and default was entered on August 4, 2022, and judgment was granted against Defendants on February 1, 2023. On February 6, 2023, Defendants filed the instant motion to set aside the default and judgment on the grounds of...

Excerpt: ...January 27, 2023, the jury returned a verdict in favor of Plaintiff for breach of implied warranty. On February 15, 2023, Plaintiff filed the instant motion to recover prejudgment interest. LEGAL STANDARD “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day . ....

Excerpt: ...egedly broke into his unit with a master key and took various personal items belonging to Plaintiff. The employees also called the police, resulting in Plaintiff's arrest. Plaintiff alleges that he fought the case for 29 months until it was dismissed, and for that, he claims $29 million in damages for 29 months of “false imprisonment.” On January 30, 2023, Defendant filed the instant demurrer and motion to strike on the grounds that the compl...

Excerpt: ...ts' purported mismanagement of Plaintiff. The complaint 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 t...

Excerpt: ...s of action for (1) violation of the Consumer Legal Remedies Act, (2) fraud, (3) negligent misrepresentation, (4) violation of the Unfair Competition Law, and (5) violation of the Vehicle Code. On January 27, 2023, Defendants Shift Operations LLC and US Bancorp filed the instant motion to compel arbitration based on an arbitration provision in the Retail Installment Sale Contract (RISC) that Plaintiff signed upon purchasing the vehicle. Plaintiff...