Excerpt: ... action stemming from Defendant's alleged failure to address uninhabitable conditions in its residential building and rental unit. On May 25, 2021, Plaintiffs served three hundred and forty-seven requests for admission accompanied by a form interrogatory requesting additional documents and information pertaining to each response. (Bost Decl. ¶ 3, Ex. A.) On June 28, 2021, Defendant filed the present Motion for Protective Order on the grounds tha...

Excerpt: ...idual 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. Defendant demurs to all 11 causes of action and moves to strike portions of the FAC relating to Plaintiff's individual claims. Defendant has requested the Court to take judicial notice of three exhibits that confirm the settlement of Plaintiff's in...

Excerpt: ...ts”). The present demurrer focuses on the second cause of action for breach of contract. The second cause of action alleges that Defendants breached a lease agreement signed in 2019 by failing to comply with Plaintiff's request to remove alterations. (Compl. ¶¶ 24-31.) Defendants contend that they would only have been required to remove the alterations under the original lease signed in 2013 and that Plaintiff waived the right to demand remov...

Excerpt: ...nts as Vanderbilt Wholesalers (“Vanderbilt”). 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 breached the loan agr...

Excerpt: ...�Plaintiff”) 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 aroun...

Excerpt: ...endants) on June 4, 2020. Plaintiff alleges that he purchased a 2016 Dodge Durango (Vehicle) which contained or developed defects. Plaintiff asserts causes of action for various warranty causes of action and fraud by concealment. Kia demurrers to the following causes of action: 3 rd Cause of Action - Violation of the Song Beverly Act section 1793.2(a)(3); 4 th Cause of Action - Breach of Express Warranty; Fifth Cause of Action - Breach of the Imp...

Excerpt: ... filed an action against their daughter, Xiaobai Miao (“Laura”), her husband, Jeremy Berven (“Jeremy”), and their business, Berven Industries, LLC (“Berven Industries”) (collectively “Defendants”) alleging breach of contract, fraud, common counts, and declaratory relief. The lawsuit arises from Laura and Jeremy's alleged failure to repay loans given by Plaintiffs. Between September 2011 and January 2014, Laura and Jeremy borrowed ...

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: ...auses of action stemming from alleged discrimination, retaliation, and wrongful termination. On June 16, 2021, Defendant filed the present Motion to Compel Arbitration. Defendant's basis for its motion is an Arbitration Agreement (“the Agreement”) signed by Plaintiff as a condition of employment. The Agreement covers claims for wages and other compensation, tort claims, claims for discrimination or harassment, and claims for violation of fede...

Excerpt: ...��), Brian Miller (“Miller”), and Does 1-20 (collectively “Defendants”) alleging eight causes of action for retaliation, disability and gender discrimination, harassment, and wrongful termination. Proterra hired Plaintiff as a human resources manager in January 2017. (Compl. ¶ 9.) During her employment, Plaintiff made multiple reports to management regarding potential violations of federal and state law arising from safety concerns, work...

Excerpt: ...) filed a lawsuit consisting of sixteen causes of action against Skanska USA Civil West California District Inc., Skanska USA Building Inc., Skanska USA Civil Inc., PCI Skanska Inc., Stacy And Witbeck, Inc., Gustavo Bravo, and Does 1 to 100. Plaintiff's claims arise from repeated instances of sexual harassment committed by Defendant Gustavo Bravo (“Bravo”), an alleged supervisor employed by the corporate defendants. These corporate defendants...

Excerpt: ...ATIVE] ORDER RE: DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT BACKGROUND On April 2, 2021, Matthew Burgess (“Plaintiff”) filed an action against James Maskell (“Maskell”), Barclay Burns, FindFunctional, Inc. (“FindFunctional”), Heal Community, Inc., and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) declar...

Excerpt: ...ATIVE] ORDER RE: DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT BACKGROUND A. Procedural Posture This is an action for violations of Labor Code, sections 98.6 and 1102.5. On February 24, 2021, Plaintiff Lilia Garcia-Brower (“Plaintiff”), the California Labor Commissioner, filed suit against Cinetcomm, LLC (“Cinetcomm”), Tom D. Soumas (“Soumas”), and Does 1-10 (collectively “Defendants”) on behalf of the People of the State of Calif...

Excerpt: ... 2021 [TENTATIVE] ORDER RE: DEFENDANT PLAZA DEL RANCHO'S MOTION TO ENFORCE SETTLEMENT AGREEMENT BACKGROUND A. Procedural Posture On June 18, 2018, Plaintiff Robert H. Gregg, II (“Plaintiff”) filed an action against Defendants Plaza Del Rancho, LTD (“PDRL”) and Jeanne L. Hartman (“Hartman”) (collectively “Defendants”) seeking dissolution of partnership and accounting. On August 2, 2018, Defendant PDRL filed a cross-complaint agains...

Excerpt: ...(3) intentional misrepresentation, (4) negligent misrepresentation, (5) conversion, and (6) declaratory relief. On April 2, 2021, Plaintiff Veram Badangiz (“Plaintiff”), as an individual and member of IPT, LLC, commenced this action against Saro Sarkisian (“Saro”), Armond Sarkisian (“Armond”), Glendale Plumbing & Fire Supply, Inc. (“GPFS”), and Thermafit Industries, Inc. (“Thermafit”) (collectively “Defendants”). Defendant...

Excerpt: ...ivil Code, Section 1793.2(b), (3) violation of Civil Code, Section 1793.2(a)(3), (4) breach of express warranty, (5) breach of implied warranty, and (6) Fraud. The causes of action arise from Plaintiffs' purchase of a 2018 Chrysler Pacific (Vehicle). Discussion Defendant FCA moves to compel Plaintiffs to submit this action to binding arbitration. BMWNA presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into ...

Excerpt: ...C (“HDS1”) and Nuriya Entertainment LLC (“Nuriya”) (collectively “Plaintiffs”) commenced this action against Defendants Dean A. Avedon (“Avedon”), Bemel, Ross & Avedon, LLP (“BRA”) (collectively “Avedon Defendants”), David Beitchman (“Beitchman”), and Beitchman & Zekian, a Professional Law Corporation (“B&Z”) (collectively “Beitchman Defendants”). The Court assumes that the parties are largely familiar with the...

Excerpt: ...landlord entered into a lease 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 agai...

Excerpt: ...atel's (“Sona”)[1] real property. Roberts has a breach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the lead case. This hearing involves Cross-Defendants Nikki Seese and Town Square Escrow, Inc.'s demurrer...

Excerpt: ...cal treatment and care when she was a resident at a skilled nursing facility. Plaintiff generally alleges that she needed full-time medical assistance and a lack of proper care led to bed sores that eventually required surgical intervention. On November 3, 2020, Plaintiff filed her initial complaint. On April 19, 2021, Plaintiff has filed the operative first amended complaint (“FAC”) against defendants KF Rinaldi LLC, dba Rinaldi Convalescent...

Excerpt: ...cember 30, 2020 for (1) money lent, (2) declaratory relief, (3) money lent, (4) declaratory relief, (5) common count – account stated, (6) common count – account stated, (7) unjust enrichment, (9) common count – mistaken receipt, (1) common count – mistaken receipt, (11) fraud, and (12) fraud. On April 19, 2021, the Court sustained Defendant's demurrer to the ninth, tenth, eleventh, and twelfth causes of action and ordered Plaintiff to fi...

Excerpt: ...igueroa, and Marcos Figueroa, by and through his guardian ad litem Harold Figueroa (“Plaintiffs”) commenced this action against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG);...

Excerpt: ...ach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the lead case. This hearing involves Cross-Defendant Roberts' demurrer with motion to strike involving Sona's second amended cross-complaint (“SACC”). A. Co...

Excerpt: ...al History On July 8, 2019, Plaintiff Ieman Shahi (“Plaintiff”) filed his initial complaint against Defendants Fatburger North America, Inc. (“Fatburger”), Andrew Alan Wiederhorn (“Andrew”), and Taylor Andrew Wiederhorn (“Taylor”) (collectively “Defendants”). The initial complaint contains seven causes of action: (1) breach of contract; (2) fraud in the inducement; (3) fraud – intentional misrepresentation; (4) fraud – fal...

Excerpt: ...es as follows. Plaintiff alleges he worked at the Los Angeles Department of Building and Safety (“LADBS”) from January 21, 1997 through January 23, 2015 and that while he worked there, he became eligible for a 2.75% salary increase. After leaving his position with LADBS for a short period and then returning to his same position, Defendant determined he was no longer eligible for the increase and sought reimbursement of the 2.75% increase alre...

Excerpt: ...ational 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. The FAC alleges in pertinent part as follows. Shaevel is EVOLV's CEO and...

Excerpt: ...) individually and on behalf of the Estate, and Marcos Figueroa (Marcos) (collectively, Plaintiffs) against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG); Joel Lupercio (Lupercio...

Excerpt: ...ly Hesperia CA Co. (“Plaintiff”) commenced this action against Gene M. Chase (“Gene”) and Frances M. Chase (“Frances”)[1], as Trustees of the Chase Family Trust dated June 23, 1994 (“Trust”) (collectively, “Defendants”), for (1) foreclosure of mechanics lien and (2) unjust enrichment. In pertinent part, the Complaint alleges as follows. Defendants own the real property located at 1441 W. 130 th Street, Gardena, CA (“Property...

Excerpt: ...UNSEL JOSEPH TRABUCCO FOR BAD FAITH TACTIC PURSUANT TO CCP § 128.5 BACKGROUND Plaintiffs Harold Figueroa, individually and on behalf of the Estate of Juan Diego Figueroa, Ana Lopez, individually and on behalf of the Estate of Juan Diego Figueroa, and Marcos Figueroa, by and through his guardian ad litem Harold Figueroa (“Plaintiffs”) commenced this action against Defendants AT&T Corporation (“AT&T”); AT&T Mobility Wireless Operations Hol...

Excerpt: ...es of action arise from Plaintiff's purchase of a 2016 Mercedes-Benz C300 (Vehicle). Discussion 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 and WI Simmonson. (Tahsildoost Decl. Ex. 2.) The Sale Contract contains an arbitration clause which states in pertinent part: 1. EITHER YOU OR WE ...

Excerpt: ...for negligence against Defendants Karynne Weis and Meyers McConnell Reisz Siderman (“Defendants”). It is alleged that in October 2019, Patel engaged Teresa Roberts (“Teresa”) to sell one of Patel's investment properties. Under the listing agreement, Teresa (through her dba) was to receive a commission if she procured a “ready, willing, and able” buyer. Teresa procured such a buyer entitling her to a commission. Patel failed to pay Ter...

Excerpt: ... Defendant violated California Fair Employment and Housing Act (“FEHA”) and California Family Rights Act (“CFRA”) based on her disability. On February 5, 2021, Plaintiff filed her complaint containing eight causes of action. Defendant demurs to the entire complaint on the following grounds: No. Cause of Action Stated grounds 1 disabilit y discriminatio n (FEHA) insufficient facts 2 failure to accommodate (FEHA) insufficient facts 3 failur...

Excerpt: ...ch of warranty of habitability of a residential lease due to pest infestations and other conditions. Plaintiff Joseph Lullo filed a Complaint on May 26, 2020, the First Amended Complaint on July 31, 2020, and the Second Amended Complaint on February 23, 2021. The Operative Complaint names as Defendants Prana Holding Company, LLC; 939 S. Gramercy Pl., LLC; Prana Growth Fund LLP; Kevin McKinnon; Peter D. Larsen; Kurt C. McCracken; Richard Esposito;...

Excerpt: ...00 on November 18, 2020, and the First Amended Complaint (“FAC”) on December 16, 2020. The operative Complaint alleges discrimination in violation of Government Code section 12940 et seq and failure to prevent discrimination, harassment, and/or retaliation in violation of Government Code section 12940(k). Plaintiff, an African American male, has been a peace officer for Defendant City for nearly 15 years. (FAC ¶ 8.) Plaintiff asserts that th...

Excerpt: ...jury action against Defendants Anschutz Entertainment Group (“Anschutz”), City of Los Angeles (the “City”) (collectively “Defendants”) and Does 1 to 500 on July 13, 2020. The complaint contains two causes of action for: (1) dangerous condition of public property/statutory liability; and (2) negligence. The complaint alleges in pertinent part that Plaintiff tripped and fell from a sidewalk located at 1111 S. Figueroa Street, Los Angele...

Excerpt: ...estaurant. On September 8, 2020, Plaintiff Jerold Liu (“Plaintiff”) commenced this action against Defendants Pi Ju Shun (“Shun”) and Thomas Tsu (“Tsu”) (collectively “Defendants”) asserting three causes of action: (1) breach of written contract, (2) specific performance, and (3) declaratory relief / preliminary injunction. The Complaint alleges in pertinent part as follows. In September 2017, Plaintiff entered into an Operating an...

Excerpt: ...nts, including David Oh (“Oh”) and Fabien Financial, Inc. (“Fabien”), for (1) fraud, (2) aiding and abetting fraud, (3) negligence, (4) violation of Business and Professions Code section 17200, et seq., and (5) common counts. The Complaint alleges in pertinent part as follows. In January 2020, Plaintiff's principal, Danny Young (“Young”), responded to Oh and Fabien's Korean language advertisement in the Korean Time. Young informed Oh ...

Excerpt: ...ichael Levine (Levine) (collectively, Defendants) on March 16, 2020. The Complaint asserts causes of action for (1) fraud, (2) negligence, (3) promissory estoppel, (4) breach of contract, (5) negligent misrepresentation, (6) breach of implied covenant of good faith and fair dealing, (7) extortion in violation of Penal Code section 518, (8) civil harassment in violation of CCP section 527.6, and (9) declaratory and injunctive relief. The Complaint...

Excerpt: ...he proceedings that led to this Court dismissing most of Plaintiff/Judgment Debtor Michael Shabsis' (“Plaintiff”) claims against Defendant/Judgment Creditor County of Los Angeles (“County”) and a jury finding in County's favor on the remaining negligence claim. On April 19, 2019, the Court entered judgment in County's favor and ordered that County would recover its costs from Plaintiff, later determined to be a total of $56,762.81. County...

Excerpt: ...vely, Defendants) on February 17, 2021. Plaintiffs allege these Defendants sell into California the vast majority of the kits and parts used to assemble the Polymer90 firearms. The operative pleading is the Complaint (“Complaint”). The Complaint asserts causes of action for (1) Violation of Unfair Competition Law, and (2) Public Nuisance. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. ...

Excerpt: ...and Witbeck. Plaintiff alleges that she was sexually battered by and coerced to have sexual relations with Bravo. On September 20, 2019, Plaintiff filed a Complaint alleging sixteen causes of action arising from Bravo's alleged acts. B. Defendant's Instant Motion re Set Four, Nos. 63-66 On January 29, 2021, Defendants propounded interrogatory, Set Four Nos. 63-66 to Plaintiff. (Carlin Decl., ¶ 2, Ex. 1.) On March 2, 2021, Plaintiff served object...

Excerpt: ...ernational Corp (Inesa); Feilo International Trade Co., Ltd. (Feilo); and Kenneth Bruce Shaevel (Shaevel) (collectively, Defendants) on September 18, 2018. The operative pleading is the Third Amended Complaint (TAC) filed on August 13, 2020. The TAC asserts two causes of action: (1) breach of written contract and (2) retaliation in violation of Labor Code section 1102.5. The TAC alleges in pertinent part as follows. Shaevel is Evolv's CEO and Kbl...

Excerpt: ...his action against Defendants World Oil Corp. (“Defendant”) and Ashbury Environmental Services (“Ashbury”) on June 12, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on July 14, 2020. The FAC asserts causes of action for (1) failure to engage in the interactive process in violation of FEHA, (2) intrusion into private affairs, (3) failure to provide a reasonable accommodation in violation of FEHA, (4) violati...

Excerpt: ...ced this action against Defendants Crum & Forster Specialty Insurance Company (C&F), United States Fire Insurance Company (US Fire), RFP Insurance Agency (RFP), and Michael Joseph Francis (Francis) on September 24, 2019. The operative pleading is the Second Amended Complaint (SAC) filed on August 27, 2020. The SAC causes of action for (1) breach of insurance binder against C&F, (2) breach of the contractual duty to pay a covered insurance claim a...

Excerpt: ...le) which contained or developed defects. Plaintiff asserts causes of action for various warranty causes of action and fraud by omission. Demurrer Kia demurrers to the following causes of action: 3 rd Cause of Action - Violation of the Song Beverly Act section 1793.2(a)(3); 4 th Cause of Action - Breach of Express Warranty; Fifth Cause of Action - Breach of the Implied Warranty of Merchantability; Sixth Cause of Action – Fraud by Omission. A. 3...

Excerpt: ...Defendants) on February 6, 2019. The Complaint asserts two causes of action for breach of guaranty. The Complaint alleges in pertinent part as follows. In January 2016, RR Kinglet LLC (Borrower) obtained a loan in the principal amount of $3,997,500 (Loan) for the purpose of refinancing two prior loans. The Loan is evidenced by a promissory note (Note). The Note is secured by a deed of trust (Deed of Trust) executed by the Borrower in favor of len...

Excerpt: ...); Nadia Nino (Nino); Maria Angelica Cubas (Maria); Dominic Cubas (Dominic); and Adrienne Smith (Smith) on October 17, 2018. Plaintiff has named Vanderbilt Wholesalers (Vanderbilt), the Law Office of Omar Zambrano, and Zambrano Law Corporation as Doe Defendants. The Complaint asserts causes of action for (1) creditor's suit, (2) fraudulent conversion, and (3) declaratory relief. The Complaint alleges in pertinent part as follows. In June 2007, AM...

Excerpt: ...zina and Arkady Buzin (“Plaintiffs”) commenced this action again Defendants Charles Street Investments Inc., Charles Street Investments, LLC, Inaam Rashed Naeem, Shahid Naeem, and Cardenas Three LLC (“Defendants”) on September 8, 2017. On November 22, 2017, Plaintiff's filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Quiet Title; (2) Rescission Based on Violation of Home Equity Sales Contract Act (California ...

Excerpt: ...llows. Roberts and Mona Patel (Mona) are real estate brokers and business partners. Sona and Mona are sisters. In October 2019, Roberts entered into a Commercial and Residential Income Listing Agreement (Listing Agreement) with Sona to sell Sona's real property located at 4867 Melrose Avenue, Los Angeles, CA 90029 (Property). In early February 2020, Roberts received a verbal offer from an interested buyer, Homes and Houses Utah, LLC (Buyer). The ...

Excerpt: ...aint (the “Barragan Action”) pursuant to California's Private Attorneys General Act (“PAGA”) in the Los Angeles County Superior Court against Defendant Bimbo Bakeries USA, Inc. (“Defendant”). The complaint alleges in part, the following Labor Code violations in support of this PAGA claim: (1) failure to pay wages under Labor Code section 204; and (2) failure to pay all wages due within the required time and upon separation of employme...

Excerpt: ... failure to provide reasonable accommodations in violation of FEHA; (3) failure to engage in a good faith interactive process in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent discrimination and retaliation in violation of FEHA; and (6) wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. Plaintiff was hired by Defendant on July 11, 2016 as a driver. Plaintiff's j...

Excerpt: ...ant Maria Sedighim (“Defendant”) in a marital dissolution action from January 2014 to September 2014. At the end of the 8-month representation, alleging more than $120,000 in unpaid fees, Plaintiff Shahrokh Mokhtarzadeh, a Professional Law Corporation (“SMPLC”) filed a collection lawsuit against Defendant (the “Collection Action”). Shortly after, Defendant filed a cross-complaint (the “Cross- Complaint”) alleging: (1) Breach of Co...

Excerpt: ...AC) filed on September 26, 2019. The SAC asserts causes of action for (1) Retaliation for Violation of the California Fair Employment and Housing Act, (2) Violation of the California Fair Employment and Housing Act, (3) Failure to prevent discrimination and/or retaliation in violation of the Fair Employment and Housing Act, Government Code §12940(k), and a (4) Hostile work environment – sexual harassment in violation of the Fair Employment and...

Excerpt: ...plaint against defendants Kasowitz Benson Torres LLP (“Defendant”), successor in interest to Kasowitz Benson Torres Friedman LLP (the “Firm”), and Does 1-10 alleging a breach of contract. The complaint includes a prayer for monetary damages; a judicial declaration of the parties' contractual rights and duties in connection with the Employment Agreement; an accounting under Court supervision of the legal fees earned and expenses deducted o...

Excerpt: ... Amended Complaint (“FAC”) which contains a cause of action for negligence against Defendant Manuel Palacio (“Defendant” or “Palacio”). The FAC states in pertinent part as follows. In October 2019, Defendant Sona Patel (“Patel”) engaged Teresa to sell one of Patel's investment properties. (FAC, ¶14.) Under the listing agreement, Teresa (through her dba) was to receive a commission if she procured a “ready, willing, and able” ...

Excerpt: ...ation of Cal. Gov. Code § 12940, and (4) wrongful termination in violation of public policy. Plaintiff alleges he was wrongfully terminated on or about December 6, 2018. Plaintiff's causes of action arise from his reporting of safety issues to his supervisor and coworkers as a result of his race. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that ...

Excerpt: ...Angeles Hospitals, Los Angeles Community Hospital's (Defendant), James Jaber, M.D., and Georgia Bode, M.D. (collectively, Defendants) on January 22, 2019. The Complaint asserts causes of action for (1) medical negligence and (2) loss of consortium. The Complaint alleges in pertinent part as follows. This is a medical malpractice case arising out of Defendant's alleged failure to properly care for and treat Plaintiff's medical condition. Plaintiff...

Excerpt: ...Solaris”) as tenant for a unit to be used as 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 (collectively “Defendants”), asser...

Excerpt: ...t. MOTION TO COMPEL ARBITRATION Discussion 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 and Mercedes Benz of Encino. (Nassihi Decl. Ex. 1.) The Sale Contract contains an arbitration clause which states in pertinent part: Any claim or dispute…(including any dispute over the interpretat...

Excerpt: ...hao (“Chao”) on December 22, 2020, and it alleges the following causes of action: (1) partition of real property by sale, (2) waste, and (3) an accounting and appointment of a receiver. The Complaint alleges that Lor is the owner of an undivided one-half interest in the real property located at 826 E. Sandpoint Court, Carson, California 90746 (“Carson Property”). It further alleges that Chao has sole possession of the Carson Property, but...

Excerpt: ...342 (the “Property”). On October 10, 2020, Cross-Complainant COLISE2, LLC (“Cross-Defendant”) filed a Cross-Complaint. The operative Cross-Complaint is the First Amended Cross-Complaint (“FACC”), which alleges, among other things, causes of action for negligent misrepresentation, equitable indemnity, and declaratory relief against Cross-Defendants Kuhnhofer Builders, Inc. (“KBI”) and Kenneth Kuhnhofer (“Kenneth”) (“Cross-Def...

Excerpt: ... Marcos Figueroa, by and through his guardian ad litem Harold Figueroa (“Plaintiffs”) commenced this action against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG); Joel Luperc...

Excerpt: ...Unis LLC (Unis)) (Defendant or Defendants) on October 25, 2018. The operative pleading is the First Amended Complaint (FAC) filed on February 5, 2019. The FAC asserts causes of action for (1) breach of contract, (2) negligence, and (3) fraudulent inducement. The Court granted Plaintiff's oral motion to dismiss the FAC's second and third causes of action without prejudice on April 8, 2019. The FAC alleges in pertinent part as follows. Defendants L...

Excerpt: ...acy and Witbeck. Plaintiff alleges that she was sexually battered by and coerced to have sexual relations with Bravo. On September 20, 2019, Plaintiff filed a Complaint alleging sixteen causes of action arising from Bravo's alleged acts. B. Defendant's Prior Motion re Inspection Demands, Set Two On November 6, 2020, Defendants Skanska USA Civil West California District Inc., and Stacy and Witbeck, Inc. (collectively, “Defendants”) propounded ...

Excerpt: ...for false light and negligence against Defendant Michael H. Weiner (“Defendant”). The FAC states in pertinent part as follows. In October 2019, Defendant Sona Patel (“Patel”) engaged Teresa to sell one of Patel's investment properties. (FAC, ¶14.) Under the listing agreement, Teresa (through her dba) was to receive a commission if she procured a “ready, willing, and able” buyer. (Id.) Teresa procured such a buyer entitling her to a c...

Excerpt: ...rynne Weis and Meyers McConnell Reisz Siderman (“Defendants”). It is alleged that in October 2019, Patel engaged Teresa Roberts (“Teresa”) to sell one of Patel's investment properties. Under the listing agreement, Teresa (through her dba) was to receive a commission if she procured a “ready, willing, and able” buyer. Teresa procured such a buyer entitling her to a commission. Patel failed to pay Teresa the commission, and Teresa insti...

Excerpt: ...s consolidated action involves many plaintiffs residing at an apartment complex who allege that they witnessed criminal activity and their complaints about the criminal activity went unanswered. Plaintiffs all sue under the same general facts. Defendant ASB Watermarke Owner, LLC (“Defendant”) now has filed three discovery motions that are scheduled for the instant hearing on May 3, 2021. Defendant has separately filed one more discovery motio...

Excerpt: ...World Oil Corp. (“World Oil”) and Asbury Environmental Services (“Ashbury”) (collectively “Defendants”) on June 12, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on July 14, 2020. The FAC asserts causes of action for (1) failure to engage in the interactive process in violation of FEHA, (2) intrusion into private affairs, (3) failure to provide a reasonable accommodation in violation of FEHA, (4) violat...

Excerpt: ...ertheimer Mandelbaum Morris Bernstein Trattner & Klein (“Jackoway Firm”) (collectively, “Defendants”) on November 5, 2020. Plaintiffs filed their operative pleading, the First Amended Complaint (“FAC”), on January 12, 2021 against Defendants for (1) trade libel/slander, (2) intentional interference with prospective economic relations, (3) negligent interference with prospective economic relations, (4) interference with contractual rel...

Excerpt: ...y Act. MOTION TO COMPEL ARBITRATION Discussion 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 and Mercedes Benz of Encino. (Nassihi Decl. Ex. 1.) The Sale Contract contains an arbitration clause which states in pertinent part: Any claim or dispute…(including any dispute over the interpr...

Excerpt: ... (“Madix”) and Tom Sandoval (“Sandoval”) (collectively, “Defendants”) for (1) breach of contract, (2) fraud, (3) intentional interference with contractual relations, (4) theft of trade secrets, (5) unjust enrichment, and (6) violations of Business and Professions Code §§ 17200, et seq. The FAC alleges in pertinent part as follows. Plaintiff is a professional writer and novelist and has co-authored seven books with various Hollywood ...

Excerpt: ...9 INT'L TRADING, INC'S DEMURRER TO THE SECOND AMENDED COMPLAINT JOINDER BY DEFENDANT KI SOON SEO TO KALDEA, INC'S DEMURRER TO THE SECOND AMENDED COMPLAINT BACKGROUND Plaintiff CJ Freshway America Corporation (“Plaintiff”) initially commenced this action against Defendants the N9 Int'L Trading, Inc. (“N9”) and Kaldea, Inc. (“Kaldea”) on January 18, 2019. Thereafter, Plaintiff filed a first amended complaint that added Minho Lim “Lim�...

Excerpt: ...Roberts (“Roberts”) dba MVP Realty SoCal work as a real estate agent to sell Defendant Sona Patel's (“Sona”)[1] real property. Roberts has a breach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the lead...

Excerpt: ...t Sona Patel's (“Sona”)[1] real property. Roberts has a breach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the lead case. On March 26, 2021, the Court deemed 20STCV13284 and 21STCV00630 related with 20STC...

Excerpt: ...ER RESPONSES TO FIRST SET OF SPECIAL INTERROGATORIES BACKGROUND A. Complaint Plaintiff Antuan Fernandez, on behalf of himself, all other Aggrieved Employees, and the general public, (Plaintiff) commenced this employment action under the Private Attorneys General Act (PAGA) against Defendant Calop Business Systems, Inc. (Calop) on June 9, 2020. The complaint asserts a single cause of action for civil penalties under PAGA. The complaint alleges, in...

Excerpt: ...ing is the Second Amended Complaint (“SAC”) filed on April 12, 2021. However, at the time of the motion before the Court, the operative pleading was the First Amended Complaint (“FAC”). The FAC asserts causes of action for 1) breach of contract (three separate actions against different parties) 2) intentional interference with contract, 3) inducing breach of contract, 4) attempted extortion, 5) violation of California Business and Profess...

Excerpt: ...asserting three causes of action: (1) breach of written contract, (2) specific performance, and (3) declaratory relief / preliminary injunction. The Complaint alleges in pertinent part as follows. In September 2017, Plaintiff entered into an Operating and Profit Sharing Agreement (“Agreement”) with Defendants wherein Defendants sold the business known as Floral Restaurant to Plaintiff for $200,000 in exchange for Plaintiff taking over exclusi...

Excerpt: ...n, Juan Wu, and Wenxia Zhao on January 29, 2020, alleging causes of action for rescission and declaratory relief. Plaintiff alleges that MHT applied for a commercial insurance policy and represented in the application that it had not suffered any losses, claims or suits within the past five (5) years. Plaintiff alleges in this action that such representation was false, and that said misrepresentations provided grounds for rescission of the insura...

Excerpt: ...��), sexually assaulted her. The instant hearing is a motion regarding the cross-complaint, which is essentially a defamation action. Cross-Complainants LPU and Aleksanyan (collectively “Cross-Complainants”) essentially allege that Cross-Defendant Freddy Garcia (“Cross-Defendant”) is Plaintiff's associate and, in apparent retaliation for Aleksanyan's alleged sexual assault on Plaintiff, published defamatory statements on LPU's Instagram p...

Excerpt: ...l Levine (Levine) (collectively, Defendants) on March 16, 2020. The Complaint asserts causes of action for (1) fraud, (2) negligence, (3) promissory estoppel, (4) breach of contract, (5) negligent misrepresentation, (6) breach of implied covenant of good faith and fair dealing, (7) extortion in violation of Penal Code section 518, (8) civil harassment in violation of CCP section 527.6, and (9) declaratory and injunctive relief. The Complaint alle...

Excerpt: ...of action for (1) open book account, (2) account stated, (3) reasonable value, (4) personal guarantee, and (5) unjust enrichment. The Complaint alleges that Plaintiff rendered financial services to the Defendant at the Defendant's request, and as a result, the Defendant has become indebted to the Plaintiff. Because Plaintiff was unable to effectuate personal service or substitute service on the Defendant after eleven attempts at his home address,...

Excerpt: ...ough 25. Plaintiff, who is an African-American woman, worked as a social worker and patient advocate for Defendant, which operated a skilled nursing facility. Plaintiff generally alleges that she was discriminated against because of her race and Defendant refused to accommodate her because of a back injury. Additionally, Plaintiff alleges that she complained about patients being neglected. Plaintiff faced retaliation and ultimately resigned becau...

Excerpt: ...e pleading is the First Amended Complaint (FAC) filed on March 20, 2019. The FAC asserts causes of action for (1) sexual battery against Defendants, (2) intentional infliction of emotional distress against Defendants, (3) assault against Defendants, (4) negligence against SCPMG, (5) premises liability against SCPMG, and (6) professional negligence against Defendants. The FAC alleges in pertinent part as follows. On December 21, 2017, Plaintiff vi...

Excerpt: .... Plaintiff JJ Packaging, Inc. (“Plaintiff”) hired Defendant Sarah H. Yu, aka Diane Young- Hee Yoo, aka Young Hee Yu Dasigenis (“Defendant”) to work as a business manager. Plaintiff generally alleges that Defendant stole business furniture, cosmetic samples, and business records. On March 24, 2021, Plaintiff filed the operative second amended complaint against Defendant and Does 1 through 10 for: (1) conversion; (2) treble damages for emb...

Excerpt: ...mmenced this action against Defendants Dean A. Avedon (“Avedon”), Bemel, Ross & Avedon, LLP (“BRA”), David Beitchman (“Beitchman”), and Beitchman & Zekian, a Professional Law Corporation (“B&Z”) The operative pleading is the First Amended Complaint (“FAC”) filed on June 11, 2019. The FAC asserts causes of action for (1) professional malpractice; (2) breach of fiduciary duty; (3) professional negligence; (4) conversion; and (5)...

Excerpt: ...efore, the Court addresses each in turn. A. Relevant procedural history On July 8, 2019, Plaintiff Ieman Shahi (“Plaintiff”) filed his initial complaint against Defendants Fatburger North America, Inc. (“Fatburger”), Andrew Alan Wiederhorn (“Andrew”), and Taylor Andrew Wiederhorn (“Taylor”) (collectively “Defendants”). The initial complaint contains seven causes of action: (1) breach of contract; (2) fraud in the inducement; (...

Excerpt: ... real property. Roberts has a breach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the lead case. This hearing involves Cross-Defendant Nikki Seese's (“Seese”) demurrer with motion to strike involving Sona'...

Excerpt: ...Property”). Plaintiff alleges that Defendant had given Plaintiff a loan secured by the Subject Property, with an interest rate that exceeded 10% per annum in violation of the Usury Law. Plaintiff filed this action on July 16, 2015. The operative pleading is the First Amended Complaint (“FAC”) which was filed on November 10, 2015. The FAC alleges causes of action for 1) wrongful foreclosure, 2) setting aside the trustee sale, 3) cancellation...

Excerpt: ... (“Defendant”) on August 21, 2020. The Complaint asserts causes of action for (1) breach of fiduciary duty, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) fraud, (5) negligent misrepresentation, (6) unjust enrichment, (7) money had and received, (8) conversion, (9) violation of Penal Code § 496, (10) judicial order of exclusion per Corp. Code §§ 17706.01, 17706.02, and (11) violation of Business ...

Excerpt: ...��); 2440 Holly Drive, LLC; 2444 Holly Drive, LLC; Martha Barron (“Barron”); Silver Bay Escrow (“Silver Bay”); John Russell Harris (“Harris”); Silver Bay Funding Corp. (“Silver Bay”); Francis Leary (“Leary”); Allied Realty, Inc. (“Allied”); Consumer's Title Company of California, Inc. (“CTC”); Northern California Mortgage Fund XIII, LLC (“NCMF”); and Golden West Foreclosure Services, Inc. (“GWFS”) (collectively...

Excerpt: ...r 22, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on December 21, 2020. The FAC contains causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) intentional interference with economic relations, and (4) unfair business practices. The FAC alleges in pertinent part as follows. Plaintiff is a construction company that specializes in emergency mitigation and hom...

Excerpt: ...ts Whills, LLC dba Fairwinds-West Hills (“Defendant”), Jose Bruno Ramirez (“Ramirez”), and Does 1 through 20. Plaintiff generally alleges that he worked as a part-time maintenance worker for Defendant and suffered severe knee pain. After taking some time off at work to seek medical treatment, he was placed on work restrictions by his medical provider. Defendant refused to accommodate Plaintiff's work restrictions. Plaintiff faced harassme...

Excerpt: ... Elaine Courtney (Plaintiff), a Medi-Cal HMO member, filed this action against her health care service plan (defendant Health Net, Inc. ("Health Net")), her independent physician's association (moving party defendant Community Family Care Medical Group IPA, Inc. (“CFC”), and CFC's former third-party administrator or management service organization (defendant Conifer Value-Based Care, LLC ("Conifer")) alleging that they failed to properly arra...

Excerpt: ...ember 07, 2020. The RSAC adds King Baby Studio, Inc. (“KBS”) as a named defendant and asserts causes of action for (1) breach of contract, (2) fraud, (3) common count (for money had and received), (4) accounting, and (5) set aside voidable transaction. The RSAC alleges that Plaintiff entered into an oral agreement with Binder in 2002 in which in exchange for “seed capital” for the start-up King Baby, Binder promised to provide accounting ...

Excerpt: ...fing, Inc., and Does 1 through 100. Plaintiff generally alleges that he did not receive work assignments following his leave of absence because of back injuries when he was employed by City Fibers, Inc. (“Defendant”). Defendant now petitions the Court to compel Plaintiff to submit his claims to binding arbitration and stay this action. Plaintiff opposes and Defendant filed a reply. LEGAL STANDARD “On petition of a party to an arbitration ag...

Excerpt: ...ges that the parties entered into an Operating and Profit Sharing Agreement on September 17, 2017, in which the Defendants sold their business, Floral Restaurant, to Plaintiff for $20,000 in exchange for Plaintiff taking over exclusive management and operations and receiving 90% ownership of Floral Restaurant with all its assets, contracts and licenses. Defendants jointly retained 10% ownership of Floral Restaurant with the rights to share in the...

Excerpt: ...nt to sell Defendant Sona Patel's (“Sona”) real property. Roberts and Sona are sisters. Roberts has a breach of contract action against Sona under LASC No. 20STCV13284 (“Breach of Contract Action”) and a defamation action against Sona and others under LASC No. 21STCV02690 (“Defamation Action”). Roberts is self-represented in both actions. On March 3, 2021, the Court deemed 20STCV13284 and 21STCV02690 related with 20STCV13284 as the le...

Excerpt: ...laint asserts causes of action for (1) breach of implied-in-fact contract and (2) quantum meruit. The complaint alleges in pertinent part as follows. At relevant times, UCLA Health is managed by the Regents. UCLA Health and California Physician's Serve dba Blue Shield of California, Inc. (Blue Shield) have an agreement, where UCLA Health agreed to provide medically necessary care in exchange for Blue Shield's payment to UCLA Health at discounted ...

Excerpt: ...) which contained or developed transmission defects. Plaintiff asserts causes of action for (1) breach of the implied warranty of merchantability, (2) breach of express warranty, (3) fraudulent inducement – concealment; (4) fraudulent inducement – intentional misrepresentation; and (5) negligent misrepresentation. Demurrer Defendant Nissan demurs to the Complaint's fraudulent inducement – concealment, fraudulent inducement – intentional m...

Excerpt: ... Amended Complaint on August 20, 2019. The FAC asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, and (3) intentional interference with contractual relations. Djukich commenced a cross-action against Empire and Steven Hartunian (Hartunian) (collectively, Cross-Defendants) on May 20, 2019. The operative pleading in the cross-action is the Second Amended Cross-Complaint (SAXC). The SAXC asserts causes of action for (...