Excerpt: ...e wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classify or pay Plaintiff as an emp...

Excerpt: ...discrimination; (2) retaliation; (3) failure to prevent; (4) failure to accommodate; (5) failure to engage; (6) wrongful termination; (7) violation of CFRA; (8) interference with CRFA rights; (9) defamation; (10) violation of Labor Code section 1102.5; (11) section 226; and (12) section 98.6. Plaintiff alleges that he was wrongfully terminated in December 2020 after requesting leave for a COVID infection. (FAC ¶ 8.) Plaintiff claims that he was ...

Excerpt: ... for Admission, and Requests for Production. The motions were heard on August 16, 2023, wherein the Court accepted Plaintiff's representation that she was not served with the motions but deemed the motions served as of August 16 and ordered Plaintiff to respond to the subject discovery within 30 days. Sanctions were denied. The Court also ordered the motions to be sealed because certain exhibits filed in support of the motions contained Plaintiff...

Excerpt: ...er 18, 2021, asserting breach of contract, trespass, conversion, fraud, and unjust enrichment. On September 3, 2021, Defendants filed a cross-complaint against Plaintiff for breach of contract, unlawful retention of security deposit, unjust enrichment, and conversion. The matter came on for a court trial from May 2-4, 2023, after which the Court entered judgment: (1) for Plaintiff Crocker & Towne Wholesale Mart, LLC against Defendants Ki Whan Pak...

Excerpt: ...FAC asserts causes of action for: (1) negligence; (2) breach of the warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) private nuisance; (5) unfair business practices; (6) conversion; and (7) intentional infliction of emotional distress. Beginning in March 2019, Plaintiff was a tenant in the Subject Property owned and managed by Defendants. (FAC ¶¶ 10-11.) Plaintiff alleges that during her tenancy, she was subject to m...

Excerpt: ... 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 agreement, which was a good faith atte...

Excerpt: ...rer 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. (Code Civ. Proc., § 430.30, subd. (a).)...

Excerpt: ... 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 against her supervisor,...

Excerpt: ... a slip and fall. (Compl. ¶ 7-8.) Plaintiff sued the Regents of the University of California (Regents) in the underlying action, asserting premises liability and general negligence. (Id., ¶ 8.) The underlying action was dismissed on summary judgment. (Id., ¶ 12.) Plaintiff alleges that Defendants were negligent because they improperly pled the facts of Plaintiff's accident by misidentifying the substance he slipped on as a “liquid substance�...

Excerpt: ...t stems from a lease agreement between landlord Plaintiff and tenant Defendant Lagree Underground, which runs a pilates studio at the location. Defendant Grenier is the guarantor of Lagree's lease with Plaintiff. Plaintiff alleges that Defenant Lagree defaulted on its rent obligations and that Grenier defaulted on his guaranty. Defendants maintain that their performance was rendered impossible or frustrated by government shutdowns in response to ...

Excerpt: ...for: (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that in October 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulte...

Excerpt: ...rted 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 take over ...

Excerpt: ... 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 dextrose...

Excerpt: ...fendant 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 over WGH's assets for themselves. Triton allegedly demanded a highe...

Excerpt: ...Milburn Properties, LLC. Through his membership interest in the LLC, Plaintiff also claims a 50% interest in certain real property, investments, and accounts. Through this action, Plaintiff seeks an involuntary dissolution of the LLC and partition by sale of the property, investments, and accounts. On November 19, 2021, Defendant filed a cross-complaint alleging (1) breach of fiduciary duty, (2) conversion, (3) involuntary dissolution, (4) breach...

Excerpt: .... The SAC is filed by Plaintiffs Franklin Armory, Inc. (FAI) and California Rifle & Pistol Association (CPRA) against Defendants California Department of Justice (DOJ) and Xavier Becerra (Becerra). FAI is a federally-licensed firearms manufacturer that manufactures a series of firearms which are neither “rifles,” “pistols,” nor “shotguns” as defined by California law. (SAC ¶ 2.) FAI designates these firearms as “Title I” firearms...

Excerpt: ...(2) trespass, (3) negligence, (4) nuisance, (5) fraud, (6) intentional infliction of emotional distress, and (7) declaratory and injunctive relief. Plaintiffs are owners of real property located in Los Angeles. Defendants Bravmann and Koll own a neighboring house adjacent to Plaintiff's property. The complaint arises from the allegation that Defendants built a fence and gate encroaching onto Plaintiff's property. Defendants allegedly relied on an...

Excerpt: ...eges that in 2020, he was audited by the Franchise Tax Board (FTB) for his 2015 and 2017 taxes. (Compl. ¶ 9.) Plaintiff hired Defendants to handle this matter. (Id., ¶ 10.) Plaintiff alleges that Defendants regularly missed deadlines to respond or provide information to the FTB, resulting in erroneous assessments of Plaintiff's taxes. (Id., ¶¶ 13-18, 27-30.) Defendants also allegedly missed the deadline to appeal the 2015 audit despite tellin...

Excerpt: ...f contract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Duarte alleg...

Excerpt: ... 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 dextrose...

Excerpt: ...nt part as follows: On July 13, 2015, Plaintiff purchased a new 2021 Mercedes S580 (“Vehicle”) manufactured by Mercedes. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song-Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil ...

Excerpt: ...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 over WGH's assets for themselves. Triton allegedly demanded a hig...

Excerpt: ...nneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negli...

Excerpt: ... filed 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 ...

Excerpt: ...tiff's purchase of a 2022 Mercedes Benz C300W (Vehicle). Discussion Defendant Mercedes moves to compel Plaintiffs to submit this action to binding arbitration. Merecedes presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Fletcher Jones Motorcars of Fremont. (Ameripour Decl. Ex. 2.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of ...