Excerpt: ...nation, (2) failure to prevent, (3) FEHA retaliation, and (4) whistleblower retaliation in violation of Labor Code section 1102.5. Plaintiff began his employment with Defendant in 1981 and allegedly made it to the position of a Level 1 Reserve (L1). Plaintiff was issued a reserve officer certificate in 1984. In 2019, Plaintiff applied for a full-time deputy position that was only available to L1 reserves. Plaintiff was allegedly denied the promot...

Excerpt: ...ailed to deliver the gloves despite Plaintiff's payment of $8.3 million. Default was entered against Defendant on September 14, 2021. On December 19, 2022, Plaintiff filed the instant two motions to compel the depositions of Wallace Shimabukuro and the person most knowledgeable of M&W Suppliers pursuant to third- party subpoenas. No opposition has been filed. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production o...

Excerpt: ...1) breach of contract, (2) intentional misrepresentation, (3) negligent representation, (4) negligence per se, (5) disgorgement, and (6) violation of Business and Professions Code section 17200. Plaintiff is the owner of a two-story apartment building in Los Angeles. Around March 2020, Plaintiff contracted with Defendant, a contractor, to perform remodeling work on the building. This action arises from Defendant's alleged failure to complete the ...

Excerpt: ...s' fees and costs that SORT obtained against the County in a CEQA case. SORT filed an amended petition on November 16, 2021. The underlying dispute stems from a development project by Real Parties in Interest Doug Gaudi, Joanna Gaudi, Paul Zerounian, and Robert Friedman (collectively, Real Parties.) The County approved Real Parties' applications for two land use entitlements in connection with the project. SORT challenged the County's project app...

Excerpt: ...ocated on Ventura Boulevard in Sherman Oaks, California (“Gross Property”). (Compl. ¶ 1.) The property is a one-story commercial building containing various restaurants and retail businesses. (Id., ¶ 7.) Defendant owns an adjacent property (“Castelo Heights Property”). (Id., ¶ 2.) There is a public alleyway abutting both properties, which patrons of the businesses access by traversing a driveway in between the properties. (Compl. ¶ 7....

Excerpt: ...tion for (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. On January 23, 2023, Defendants filed the instant demurrer to the FAC. Plaintiff has not filed an opposition. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept....

Excerpt: ...s of real property located in Oceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 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 without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On...

Excerpt: ...ff's employment and termination from his job at Centinela Hospital Medical Center (the Hospital). On January 19, 2023, Defendants Prime Healthcare Centinela, LLC and Prime Healthcare Cetinela-MOB, LLC filed the instant motion to compel arbitration. LEGAL STANDARD The Federal Arbitration Act (FAA) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter...

Excerpt: ...ce of premises, (3) nuisance, (4) abating nuisance, (5) breach of the covenant of good faith and fair dealing, (6) intentional or reckless infliction of emotional distress, and (7) unfair business practices. The complaint stems from multiple alleged uninhabitable conditions, including rodent and insect infestations, defective wiring, defective flooring, defective plumbing, mold, and unmaintained outside grounds. (Compl. ¶ 9.) On January 10, 2023...

Excerpt: ...ly Trust (“Defendant” or “Cross-Complainant”), alleging (1) specific performance, (2) breach of contract, and (3) fraud. The action stems from a residential purchase agreement (the “Agreement”) between Plaintiffs and Defendant whereby Defendant was to sell the real property located at 2142 S. Sycamore Ave., Los Angeles, CA 90016 (the “Property”) to Plaintiffs. Defendant allegedly reneged on the Agreement by refusing to sell the Pr...

Excerpt: ...(4) declaratory relief, and (5) unfair competition. Plaintiffs allege that Defendant orchestrated pretextual defaults on multiple loans in order to cause the borrowers to incur millions of dollars in interest and thereby inflate the value of the loans. (Compl. ¶ 1.) The loans stem from a decades-old relationship that businessman Joseph Ghim (Kim) had with Defendant wherein Mr. Ghim would borrow money for financing various properties. (Id., ¶ 11...

Excerpt: ... resulting in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks or financial institutions. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff obtained a verdict against Gilbarco in April 2022. Plaintiff settled with ...

Excerpt: ...) failure to engage, (4) retaliation, (5) violation of CFRA, (6) violation of Family Rights Act, and (7) wrongful termination. On November 23, 2022, Defendants filed the instant motion to compel arbitration based on agreements that Plaintiff signed in 2017 and 2020. LEGAL STANDARD The Federal Arbitration Act (FAA) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a cont...

Excerpt: ...he 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 WGH's assets for themselves. Trito...

Excerpt: ...2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019, judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to admit the ...

Excerpt: ...LP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. The operative First Amended Complaint was filed June 11, 2019. The matter came on for a bench trial on October 31, 2022. The Court found in favor of Defendants and entered judgment accordingly on December 6, 2022. The judgment provided that “Plaintiffs shall take nothing by their First Amended Complaint or by any purported cause of action therein, as against Defendants...

Excerpt: ...operative Second Amended Complaint, 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 inci...

Excerpt: ...plaint asserts causes of action for violations of the Magnuson-Moss Warranty Act. Plaintiff's claims arise from his purchase of a 2017 Chevrolet Impala (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025...

Excerpt: ...) wrongful termination in violation of public policy. Plaintiff began employment with Defendant around June 2020. (Compl. ¶ 7.) Around March 2021, Plaintiff's daughter was hospitalized, and Plaintiff requested to work from home or take leave. (Id., ¶¶ 8-10.) Later that month, Plaintiff requested a day off for her daughter's doctor's appointment. (Id., ¶ 11.) When Plaintiff returned to work, she was terminated. (Id., ¶ 12.) Plaintiff alleges ...

Excerpt: ... Broadcast Music, Inc. (collectively, “Defendants”) for (1) rescission based on failure of consideration; (2) fraud; (3) rescission based on fraud; and (4) declaratory relief. Defendants prevailed in the compelled arbitration 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, ...

Excerpt: ...ch of contract, violations of FEHA and CFRA, unfair business practices, fraud, and Labor Code violations. On February 8, 2022, Defendants filed their amended answer, with leave of Court. On October 14, 2022, the Court granted Defendants' unopposed motion for summary judgment in its entirety. On November 3, 2022, the Court entered judgment in Defendants' favor. On November 8, 2022, Defendants filed their initial Memorandum of Costs. In response, P...

Excerpt: ...pel arbitration. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate a controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the ...

Excerpt: ...nst various Defendants, asserting 16 causes of action stemming from an alleged conspiracy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez, the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of the firm, resulting in false invoices charged to Plaintiff. Beyond these defendants, Plaintiff...

Excerpt: ...��) on August 22, 2022. The Complaint asserts causes of action for (1) breach of fiduciary duty; (2) negligence; (3) fraud; (4) negligent misrepresentation; (5) violation of Business and Professions Code § 17200; and (6) breach of contract. The Complaint alleges that Plaintiff employed Yadegaran and SFRE to serve as Plaintiff's real estate agent and broker. (Complaint ¶ 21.) Plaintiff alleges that Brackett is the designated officer of SFRE. (Co...

Excerpt: ...ng to be customer reviews, allegedly containing false assertions of fact regarding negative experiences with Plaintiffs and their law firms. On December 28, 2022, Plaintiffs filed the instant motion for early discovery to serve subpoenas for business records upon Yelp, Inc., Google, Inc., Microsoft, Inc., MH Sub I, LLC, and the internet service providers (ISPs) of the Doe defendants. LEGAL STANDARD “The plaintiff may serve a deposition notice w...

Excerpt: ...ve First Amended Complaint was filed on October 14, 2022. 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 me...

Excerpt: ... First Amended Complaint, filed June 9, 2022, asserts causes of action for violation of the Song-Beverly Act, breach of implied warranty, and fraudulent inducement by concealment. On October 10, 2022, this Court sustained Defendant's demurrer to the fraud claim based on the economic loss rule. However, on October 26, 2022, the Court of Appeal issued its decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, holding that the e...

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

Excerpt: ...endant 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, individually and as trustee of Levine's estate, as a Defendant. On August 26, 2022, Defendant Manalo filed a demurrer to the FAC on the grounds that Plaintiff improperly added him as a Defendant and exceeded the statute of limitations. Defendant additionally argued that he coul...

Excerpt: ...product liability. The action stems from severe and permanent injuries that Plaintiff sustained after Meyer intentionally pointed a laser at Plaintiff which struck Plaintiff's eye. Meyer has been arrested for the crime and is one of the defendants in this action, but Plaintiff has also named Amazon.com Services LLC (Amazon) as a Doe defendant. Meyer allegedly purchased the laser pointer using the Amazon website. Plaintiff seeks to hold Amazon lia...

Excerpt: ...m Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion A. The equitable estoppel doctrine applies and Honda may compel Plaintiffs to arbitrate his claims against Nissan. Defendant Honda moves to compel Plaintiff to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) The Sale Contract...

Excerpt: ...equisite fees. Plaintiff filed the complaint in this action on August 4, 2022. On December 2, 2022, Defendant filed the instant motion to compel arbitration. LEGAL STANDARD The Federal Arbitration Act (FAA) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforce...

Excerpt: ... September 30, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Aurai wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA-approved. The gloves w...

Excerpt: ...mber 12, 2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019 judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to ad...

Excerpt: ...s' 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 ta...

Excerpt: ...llegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the owner of Ezlawpay), two corporate officers of...

Excerpt: ... On October 21, 2022, Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion for summary judgment on the grounds that they purchased the property after Plaintiff had already been evicted and therefore cannot be liable on any cause of action. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or cla...

Excerpt: ...sonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was involved in. This required Plai...

Excerpt: ...e operative First Amended Complaint, filed May 27, 2022, adds Sheriff Alex Villanueva as a Defendant and alleges the following causes of action: (1) retaliation; (2) harassment; (3) discrimination; (4) failure to take corrective action; (5) PAGA; (6) Bane Act; and (7) retaliation under Government Code section 53298. Plaintiff was hired by the County as a civilian Security Assistant in May 2012 and promoted to Law Enforcement Technician in January...

Excerpt: ...disqualified from a promotion and demoted for purportedly failing to obtain the requisite training. On November 3, 2022, Plaintiff filed the instant Pitchess motion to obtain records of Defendant's investigations relating to Plaintiff's purported policy violations. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive means for obtaining these materials ...

Excerpt: ...lleging breach of promissory note and eight other causes of action arising from loans Plaintiffs made to Cashbloom. Plaintiffs made various loans to Cashbloom from May 2011 to December 2017 totaling $1.95 million. The loans were undocumented until two promissory notes issued in January 2016 for $300,000 and $400,000. The last and operative promissory note was issued in December 2017 for $1.95 million. Plaintiffs' lawsuit arises from the December ...

Excerpt: ...ey Worldwide Services, Inc., and Rona Kay (“Kay”), alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (“Eid”) and Janae Bueno (“Bueno”) and asserts additional FEHA claims. Plaintiffs worked for Disney from the 1980s until 2019, when they were terminated. Plaintiffs were terminated for wat...

Excerpt: ...intiff's claims arise from his purchase of a 2021 Jeep Wrangler ULT (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for insp...

Excerpt: ...blic policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her. At issue presently are Plaintiff's motions to compel further responses to various discovery. LEGAL STANDARD Upon receiving responses to requests for inspection or interrogatories, the propounding party may move for an order compelling further responses if the party finds that an objection is without...

Excerpt: ...n, abuse of process, false imprisonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was...

Excerpt: ...managing attorney of Defendant Wilshire Law Firm. Defendant invokes the apex doctrine in opposition. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, ...

Excerpt: ...ty of fitness, (3) negligence, and (4) unfair competition. The lawsuit arises from the following pertinent 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”). Plaintiff alleges that the in...

Excerpt: ... 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 WGH's assets for themselves. Triton allegedly ...

Excerpt: ...0, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Defendant Aurai Capital, LLC wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA- approved. ...

Excerpt: ...e members of the rock band All Time Low (ATL). The complaint arises from written posts on social media wherein anonymous individuals accused Plaintiffs of committing or being complicit in grooming and sexually assaulting fans, including minors. One of these accusations was posted on Twitter by Doe 2, an anonymous individual with the handle “@atlstatement,” who claimed that Plaintiff Barakat sexually assaulted her over a period of years beginn...