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

Excerpt: ...lity, (2) breach of the implied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. C...

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

Excerpt: ...lied warranty of fitness, (3) negligent misrepresentation, (4) fraudulent misrepresentation, and (5) unfair competition. The complaint arises from the following facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dext...

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

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

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

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

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

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: ...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: ...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: ... 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: ... 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...