Excerpt: ... by Joseph Edward Beezy (“Beezy”) in a private room. Beezy was employed by Southern California Permanente Medical Group (“SCPMG”). A. First Amended Complaint The operative pleading is the First Amended Complaint (“FAC”) filed on March 20, 2019. Relevant to the instant motion, the FAC asserts the following causes of action against SCPMG following SCPMG's successful motion for judgment on the pleadings: (1) fourth cause of action – ne...

Excerpt: ...e (“Plaintiff”) commenced this action against Defendants Los Angeles Unified School District (“LAUSD”); Dr. Pablo E. Osorio, ED.D (“Osorio”); Valgene Pavageau Yagerman (“Yagerman”); Ms. X Pitts (“Pitts”); Ms. X Gonzalez (“Gonzalez”); Austin Beutner (“Beautner”); D.S., a minor; and A.S., a minor. The Complaint alleges causes of action for: (1) assault, (2) sexual assault, (3) battery, (4) sexual battery, (5) negligence,...

Excerpt: ... Skanska, Stacy 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. On November 6, 2020, Defendants Skanska USA Civil West California District Inc., and Stacy and Witbeck, Inc. (hereinafter referred to collectively as “Defendants”) propounded Demand for Inspection...

Excerpt: ...te, 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); Jorge Ceja (Ceja); and Roberto Guerre...

Excerpt: ... Associates, Megdal Commerce, LLC, and Taylor Megdal (collectively, “Real Parties”) seeking to set aside the City's approval of the Project at the intersection of S. Atlantic Boulevard and Washington Boulevard in the City of Commerce. OBJECTIONS Real Parties in Interest's Objections to Sisson's Declaration are overruled. ANALYSIS Petitioner moves for an award of attorney's fees and costs in a total amount of $207,274 A. Entitlement to Attorne...

Excerpt: ...West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exercise of ...

Excerpt: ...., (“Lowe's”) and Edwin DeMatta (“DeMatta”) (collectively “Defendants”) and Does 1 through 10. The Complaint asserts 10 causes of action for: (1) pregnancy and sex discrimination in violation of FEHA; (2) failure to provide pregnancy leave in violation of FEHA; (3) perceived disability discrimination in violation of FEHA; (4) failure to reasonably accommodate in violation of FEHA; (5) failure to engage in interactive process in violat...

Excerpt: ...as filed on December 27, 2019. Plaintiff asserts the following causes of action: (1) breach of written contract, (2) legal malpractice, and (3) fraud. The FAC alleges in pertinent part as follows. On July 22, 2016, Plaintiff entered into a written agreement with Keener & Greenfield, whereby Defendants agreed to perform legal services for Plaintiff in the defense of a criminal proceeding in which Plaintiff was the defendant. Plaintiff alleges that...

Excerpt: ...nd Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exercise of civil rights in violation of the Bane Act, (6) gender violence in violation of Civil Code section 52.4, (7) retaliation...

Excerpt: ...ah H. Yu (“Defendant”) on July 30, 2020 and a First Amended Complaint (“FAC”) on November 9, 2020. The FAC alleges in pertinent part as follows. In September 2017, Plaintiff was formed for the purposes of conducting wholesale cosmetic packaging business. On June 18, 2018, Plaintiff's CEO, Eun Suk Lee (“Lee”), hired Defendant to work as a business manager. Lee resided in Los Angeles and at times also in Seoul, Korea. Lee subsequently h...

Excerpt: ...forth in this section will serve as a backdrop for the Court's analysis regarding the instant demurrer. A. Plaintiffs' Instant Allegations Plaintiff Yaakov R. Ahula (“Plaintiff”) commenced this action against Defendants Itzick Pouravrahim (“Itzick”) and Alin Pouravrahim (“Alin”)[1] (collectively, “Defendants”) on November 25, 2020. The Complaint asserts causes of action for (1) fraud, (2) cancellation of deed, and (3) conspiracy t...

Excerpt: ...d 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); Jorge Ceja (Ce...

Excerpt: ...ober 24, 2018. The Complaint asserts seven FEHA-based causes of action: (1) discrimination (race, religion, national origin/ancestry), (2) discrimination (disability), (3) failure to reasonably accommodate, (4) failure to engage in an interactive process, (5) retaliation, (6) harassment, and (7) failure to prevent discrimination, retaliation, and harassment. The Complaint alleges in pertinent part as follows. Plaintiff is a person of Bangladeshi ...

Excerpt: ... violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2016 Chevrolet Cruze (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 ...

Excerpt: ... violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2016 Chevrolet Cruze (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 ...

Excerpt: ...ranty Act - Breach of Express & Implied Warranty” from his purchase of a new 2020 Tesla Model Y, VIN: 5YJYGDEE9LF010171 (the “Vehicle”). Defendant moves[1] to compel Plaintiff to submit this action to binding arbitration. Plaintiff opposes, arguing that (1) Defendant's specific Song-Beverly Consumer Warranty Act (“SBA”) arbitration provision supersedes the general provision in the purchase order, (2) the agreement is unconscionable, and...

Excerpt: ...fendant for (1) libel; (2) libel per se; (3) trade libel; (4) false light; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) permanent injunction; and (8) declaratory relief. The FAC alleges in pertinent part as follows. Plaintiff made his professional wrestling debut in September 2000 under the character and persona of “Joey Ryan.” Since then, Plaintiff has become a popular wrestling charac...

Excerpt: ...DOCUMENTS BACKGROUND Plaintiff Poopak Khosrowshahi (Plaintiff) commenced this action against Defendants Shahideh Khodadadi (Khodadadi), M. Azhar Asadi (Asadi), and the Law Offices of M. Azhar Asadi & Associates APC (Law Offices) (collectively, Defendants) on October 9, 2018. The Complaint asserts a single cause of action for malicious prosecution. On September 14, 2020, the Court denied Asadi's and Khodadadi's motions to compel Plaintiff's furthe...

Excerpt: ...ich Defendant County of Los Angeles (“Defendant”) controls. Plaintiff contends that he was shot in the back intentionally and LASD are lying about the incident, claiming the shooting was an accidental discharge. On February 5, 2020, Plaintiff commenced this action by filing his complaint, which includes three causes of action: (1) deprivation of civil rights under 42 United States Code section 1983; (2) deprivation of civil rights under Civil...

Excerpt: ... causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (the “Vehicle”). Kia moves to compel Plaintiffs to submit this action to binding arbitration. Plaintiffs oppose.[1] Discussion Kia moves to compel Plaintiffs to submit this action to binding arbitration. Kia presents a copy of the Vehicle's Retail Installment Sale Contract (“Sale Contract”) entered into by...

Excerpt: ...ya Entertainment LLC (“Nuriya”) (collectively “Plaintiffs”) commenced 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 o...

Excerpt: ...ty. 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 lenders listed in an exhibit attached to the Note. The Deed of Trust was recorded against real pro...

Excerpt: ..., 50.3, 50.4, 50.5, AND 50.6; (2) FORM INTERROGATORIES – ECONOMIC LITIGATION, SET ONE, NOS. 115.1, 116.1, 116.2, 116.3, 116.6, 116.7, AND 116.8; AND (3) SPECIAL INTERROGATORIES, SET ONE, NOS. 2, 5, 7-10, 12, 23-32, 34, 36-42, AND 45-55. BACKGROUND A. Procedural and Factual Background This is a partition action involving two sisters Rosalee Morton (“Morton”) and Defendant Aileen Leavitt (“Defendant”) who had equal shares of a partnership...

Excerpt: ...n this section will serve as a backdrop for the Court's analysis regarding the instant demurrer and motion to strike. A. Plaintiff's Instant Allegations Regarding Foreclosure Plaintiff Andrew M. Egbe (“Plaintiff”) commenced this action against Defendants Select Portfolio Servicing, Inc. (“SPS”); U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates Se...

Excerpt: ...perative 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, Plain...

Excerpt: ...nst the Defendants Health Net of California, Inc. incorrectly sued herein as Health Net, Inc. (“HNCI”) and Health Net Community Solutions, Inc. (“HNCS”) (collectively “Defendants”), which are the moving parties:[1] (1) breach of the implied covenant of good faith and fair dealing; and (2) violation of Civil Code section 3428. Essentially, Plaintiff alleges that she had to wait a long time until she was approved for treatment she desir...

Excerpt: ...CTIVE ORDER SEEKING TO QUASH OR IN THE ALTERNATIVE MODIFY DEFENDANTS' SUBPOENAS ISSUED TO BRENNER CONSULTING GROUP AND PCR SERVICES CORPORATION Background A. Factual Allegations This is a breach of contract action. Plaintiff BLDG Edinburgh, LLC (“Plaintiff”) commenced this action against Defendants Frank Barbano (“Barbano”) and Jamie Wolf (“Wolf”) (collectively “Defendants”) on April 22, 2020. The Complaint asserts causes of actio...

Excerpt: ...n March 2, 2020. The Complaint asserts causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (Vehicle). 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 any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2)...

Excerpt: ...) on May 6, 2020. A First Amended Complaint was filed on July 15, 2020. The operative pleading is the Second Amended Complaint (“SAC”) filed on October 13, 2020. The SAC asserts a single causes of action for breach of contract. The FAC alleges in pertinent part as follows. Plaintiff is an employee of Defendant City of Los Angeles at the Department of Water and Power (“LADWP”). Plaintiff alleges that on October 2, 2017, the parties entered...

Excerpt: ...efendants) concerning real property located at 931 and 937 East Pico Street, Los Angeles, CA 90021 (Building). Following several rounds of demurrer, Plaintiffs filed the operative pleading, the Third Amended Complaint (TAC), on July 5, 2018. The TAC asserts causes of action for (1) breach of warranty of habitability, (2) negligence, (5) forcible detainer, (6) failure to return security deposits, (9) covenant of peaceful and quiet enjoyment, (10) ...

Excerpt: ...n March 2, 2020. The Complaint asserts causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (Vehicle). 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 any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2)...

Excerpt: ...ainst Defendants 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...

Excerpt: ...C”), Food 4 Less of Southern California, Inc., (“F4LSC”), Food 4 Less GM, Inc., (“F4LGM”), Ralphs Grocery Company (“Ralphs”) (collectively “Defendants”), and Does 1 through 20. The Complaint asserts 12 causes of action for: (1) discrimination in violation of FEHA; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (4) failure to provide reasonable accomm...

Excerpt: ...oods, Inc. (“TBS”), Christina Valle (“Valle”), Lorena Martin (“Martin”), Eduardo Castaneda (“Castaneda”) (collectively “Defendants”), and Does 1 through 100. The Complaint asserts 24 causes of action for: (1-3) race/national origin harassment in violation of FEHA; (4) actual/perceived disability harassment in violation of FEHA; (5) actual/perceived disability discrimination in violation of FEHA; (6) actual/perceived disability...

Excerpt: ...edpoint Management, LLC; Redpoint Ventures VI, L.P.; Redpoint Associates VI, LLC; and Redpoint Ventures VI, LLC, as Doe Defendants on April 1, 2020. The operative pleading is the Second Amended Complaint (SAC) filed on September 2, 2020. The SAC asserts causes of action for (1) breach of oral employment contract against 11 Honore; (2) wrongful discharge in violation of public policy against 11 Honore; (3) breach of fiduciary duty against Herning;...

Excerpt: ...p 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 pertinent, part as follows. Plaintiff worked as a Security Guard for Defendant at the Los Angeles International Airport until April 7, 2020. Defendant is required to comply with the Living Wage Ordinance (Los Angeles Administrative Code, Div. 10, Chapter 1, Art. 11) (“LWO”). Defendant paid ...

Excerpt: ...lifornia (“Property”). Plaintiff rented out the Property to non-party George Boyagian (“Boyagian”), who damaged the Property by using it to grow marijuana and vandalizing the Property during his eviction proceeding. Plaintiff hired Peter Davidson (“Davidson”) as a public adjuster to assist with the presentation of Plaintiff's claim for damages to the Property insured under an insurance policy under Policy No. CFP 2450029 02 (“Policy...

Excerpt: ...August 11, 2020. The Complaint asserts causes of action for (1) first party insurance bad faith – failure to properly investigate claim; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) violation of Unfair Business Practices Act; and (5) negligence. The Complaint alleges in pertinent part as follows. Plaintiff purchased a commercial insurance policy (Policy No. 680-4J7111645-18-42) (“Policy”) fr...

Excerpt: ...ent infestations and failures to mitigate. On July 31, 2020, Plaintiff filed his operative First Amended Complaint (“FAC”) against Prana Holding Company, LLC., 939 S. Gramercy Pl. LLC, Prana Growth Fund I, LP, Prana Fund Manager, LLC, Prana Growth Investment LLC, Kevin McKinnon, and Does 1 through 20. Plaintiff asserts nine causes of action against all defendants: (1) negligence; (2) breach of warranty of habitability; (3) breach of the coven...

Excerpt: ..., 2019 against Defendants Security Pacific Associates, Inc. dba Madeo Ristorante (SPA); Madu Inc. (Madu); Elvira Buffoni (Buffoni); Gianni Vietina (Gianni); and Nicola Vietina (Nicola) (collectively, Defendants). The Buyout FAC asserts causes of action for (1) involuntary dissolution, (2) breach of written contract, (3) constructive trust, (4) breach of fiduciary duty, (5) fraud, (6) breach of fiduciary duty, (7) accounting of SPA, and (8) accoun...

Excerpt: ... 11, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on October 6, 2020. The FAC asserts causes of action for (1) fraud on the court, (2) alter ego liability for fraud, (3) intentional tort, and (4) violations of the Fair Debt Collections Act. The FAC does not allege any intelligible facts but for copy-and- paste of legal citations and conclusions. DEMURRER Defendants demur to the FAC's all causes of action on the gr...

Excerpt: ... 04, 2020. On October 15, 2020, Plaintiff dismissed General Insurance and amended the Complaint as to Defendant Doe 1, identified as Defendant Safeco Insurance Company of America (“Safeco”). The Complaint asserts four (4) causes for action for (1) breach of contract (against Safeco), (2) breach of the implied covenant of good faith and fair dealing (against Safeco), and (3) violation of Business & Professions Code Section 17200, et seq. (agai...

Excerpt: ... promised hand sanitizers that Plaintiff intended to sell to a third-party. A. Complaint On August 24, 2020, Plaintiff filed the initial complaint against L & S Brothers LLC (“L&S”), Harish Solanki (“Solanki”), Chuck Lee (“Lee”) (collectively “Defendants”), and Does 1 through 20 asserting eight causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) tortious interference wit...

Excerpt: ... by and through his attorney in fact Tina (collectively “Plaintiffs”) against Defendant Jannki Mithaiwala (“Jannki”). Tina is the second wife of Ajit. Jannki is the daughter of Ajit and his first wife. In other words, this is an action brought by father and stepmother against the father's daughter. Ajit, who suffers from cognitive decline suggestive of Alzheimer's, lives with Jannki who has assumed responsibility for his care with the ass...

Excerpt: ...roperty”) insured under a homeowner's fire insurance policy under Policy No. 71-CQ-P589-5 (“Policy”) issued by Defendant State Farm General Insurance Company (“Defendant”). Plaintiff contends that Defendant did not honor the Policy in full after Plaintiff's property was damaged due to a fire. A. First Amended Complaint On May 6, 2019, Plaintiff commenced this action against Defendant. On October 18, 2019, Plaintiff filed the operative F...

Excerpt: ...bilities and/or medical conditions, (2) failure to engage in the interactive process, and (3) retaliation. The First Amended Complaint alleges in pertinent part as follows. Plaintiff has been employed with the Los Angeles Department of Water and Power (DWP) since March 1994. In September 2004, Plaintiff was promoted to Principal Security Officer and remained in that position until May 2019. On April 8, 2014, Security Services Director James West ...

Excerpt: ...on for breach of contract. The Complaint alleges in pertinent part as follows. 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 ...

Excerpt: ...y 15, 2019. The Complaint asserts one cause of action for violation of Health and Safety Code section 1278.5. The Complaint alleges in pertinent part as follows. Plaintiff is a physician and surgeon duly licensed to practice medicine in California since May 2000. Plaintiff is currently an Associate Professor in UCLA's Division of Maternal-Fetal Medicine, a senior member of the Department of Obstetrics and Gynecology (“Department”) Maternal-Fe...

Excerpt: ...plaint Plaintiff David Afzal (Afzal) commenced this action against Defendant Roy Yerushalmi (Yerushalmi) dba SoCal Contractor (SoCal) on June 13, 2018. Afzal named Lori Dennis, Inc. (LDI) as a Doe Defendant on October 11, 2019. The operative pleading is the Third Amended Complaint (TAC) brought by Afzal and Julia Shevchenko (Shevchenko) (collectively, Plaintiffs) on July 8, 2020. The TAC asserts causes of action for (1) breach of written contract...

Excerpt: ...endants Schuman and Nielson (“Defendants”) signed a guaranty in connection to a $3.9 million loan made by a group of lenders to RR Kinglet, LLC (“RR”), a company controlled by Defendants. RR failed to repay the loan, resulting in modification agreements extending the maturity date of the loan. By the last agreed-upon maturity date of March 2018, RR had still not repaid the loan. At that time, the amount due was $4.5 million. Plaintiff Kin...

Excerpt: ...on of Labor Code section 925, (3) retaliation in violation of Labor Code section 1102.5, and (4) declaratory relief. The Complaint alleges in pertinent part as follows. Plaintiff began working for HNJ in October 2013 as a server at HNJ's West Hollywood location. In summer 2018, HNJ provided its employees with a document entitled “Employee Confidentiality, Non-Disclosure, Non-Solicitation, and Non-Disparagement Agreement” (Agreement). Plaintif...

Excerpt: ... Inc. (Civil West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the...

Excerpt: ...rance Agency (RFP), and Michael Joseph Francis (Francis) (collectively, Defendants) on September 24, 2019. The operative pleading is the Second Amended Complaint (SAC) filed on August 27, 2020. The SAC asserts causes of action for (1) breach of insurance binder against C&F, (2) breach of the contractual duty to pay a covered insurance claim against C&F, (3) professional negligence against RFP and Francis, (4) fraudulent misrepresentation against ...

Excerpt: ...vember 16, 2017. The Complaint asserts one cause of action under the Private Attorneys General Act of 2004 (PAGA) for violations of Labor Code sections 1198 and 1199. Meda alleges that Defendants failed to provide Meda and other similarly situated employees with suitable seating pursuant to Industrial Welfare Commission (IWC) Wage Order 7-2001 section 14. In June 2018, the Court related this action to an earlier-filed lawsuit commenced by Meda en...

Excerpt: ... Front Properties, LLC (BFP), Beach Front Realty, LLC (BFR), Beach Front Property Management, Inc. (BFPM), Rosenwald Partners, L.P. (RP), Rosenwald Capital Management, Inc. (RCM), Daniel J. Niemann, Inc. (DNI), Academy Center 90274 LLC (Academy Center 90274), Kyle D. Kazan (Kazan), James B. Rosenwald III (Rosenwald), and Daniel J. Niemann (Niemann).[1] The operative pleading is the Second Amended Complaint (SAC) filed on January 15, 2020. The SAC...

Excerpt: ...Respondents City of Los Angeles and the City of Los Angeles City Council (collectively, City) and Real Party-in-Interest 6421 Selma Wilcox Hotel LLC (Real Party) on April 2, 2019. The operative pleading is the First Amended Petition (FAP) filed on November 4, 2019. The FAP asserts two causes of action for writ of mandate based on CEQA violations. The FAP alleges in pertinent part as follows. The Selma Wilcox Hotel Project is an 8-story, approxima...

Excerpt: ...n California (MWD) and Real Parties in Interest Coachella Valley Water District (CVWD), Palo Verde Irrigation District (PVID), and City of Needles (Needles) on April 18, 2019. The Petition asserts a single cause of action for a writ of mandate based on CEQA violations. The Petition alleges in pertinent part as follows. The Colorado River Basin (Basin) is a critical source of water and power supplies for seven western states and Mexico. The Basin ...

Excerpt: ...uary 6, 2020. The operative pleading is the First Amended Complaint (FAC) filed on September 2, 2020. The FAC added Kenneth David Jung (Jung) as a plaintiff. The FAC asserts causes of action for (1) declaratory relief, (2) wrongful foreclosure, (3) slander of title, and (4) cancellation of cloud on title. The FAC alleges in pertinent part as follows. LLC owns real property located at 2009 Wellington Road, Los Angeles, California 90016 (Property)....

Excerpt: ...(US Fire), RFP Insurance Agency (RFP), and Michael Joseph Francis (Francis) (collectively, Defendants) on September 24, 2019. The operative pleading is the Second Amended Complaint (SAC) filed on August 27, 2020. The SAC asserts causes of action for (1) breach of insurance binder against C&F, (2) breach of the contractual duty to pay a covered insurance claim against C&F, (3) professional negligence against RFP and Francis, (4) fraudulent misrepr...

Excerpt: ...fendants Pama V Properties LP (Pama) and Pama Management, Inc. (Pama Management) (collectively, Defendants) on January 23, 2020. The operative pleading is the First Amended Complaint (FAC) filed on September 22, 2020. The FAC asserts causes of action for (1) failure to provide habitable dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The FAC alleges in pertinent part ...

Excerpt: ...iff's claims arise from his purchase of a 2012 Chevy Cruze (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 inspection an...

Excerpt: ...h of contract, (2) breach of implied covenant of good faith and fair dealing, (3) fraud, and (4) declaratory relief. The Complaint alleges in pertinent part as follows. Plaintiff is the former owner of real property located at 750-756 ½ North Edinburgh Avenue, Los Angeles, CA 90046 (Property). The Property is situated in the Beverly Grove section of Los Angeles and consists of four bungalow court style buildings. Each bungalow consists of two ap...

Excerpt: ...he operative pleading is the First Amended Complaint (FAC) filed on September 21, 2020. The FAC asserts causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) intentional infliction of emotional distress. The FAC alleges in pertinent part as follows. Anthem Blue Cross is a “health care service plan” licensed by the Department of Managed of Health Care. At all relevant times, Pla...

Excerpt: ...to a binding reference in Los Angeles County before a retired Superior Court Judge with family law experience. Procedural Defect Petitioner has not filed any proofs of service in this matter. In order to prevail on its Petition, Petitioner must file proofs of service reflecting that Respondent was timely served with (1) the Petition to Compel Binding Reference and (2) notice that the hearing date on the Petition was continued to November 23, 2020...

Excerpt: ...), Kevin Guerrero (Guerrero), James Mankey (Mankey), Oscar Duenas (Duenas), Daniel Slater (Slater), and Kyle James (James) (collectively, Defendants) on May 27, 2020. The Complaint asserts causes of action for (1) invasion of privacy, (2) negligence, (3) intentional infliction of emotional distress, (4) false arrest / false imprisonment, (5) assault and battery, (6) violation of Bane Act, and (7) negligent hiring, retention, supervision, and disc...

Excerpt: ...ollectively, Defendants) on May 1, 2018. The operative pleading is the Second Amended Complaint (SAC) filed on January 31, 2019. The SAC asserts causes of action for (1) breach of contract against Defendants, (2) breach of contract re: guaranty against Zinberg and Itkin, (3) fraud against Defendants, (4) common count against Defendants, (5) breach of contract against BUI, Zinberg, and Itkin, (6) fraud against BUI, Zinberg, and Itkin, and (7) comm...

Excerpt: ...al property located at 931 and 937 East Pico Street, Los Angeles, CA 90021 (Building). Following several rounds of demurrer, Plaintiffs filed the operative pleading, the Third Amended Complaint (TAC), on July 5, 2018. The TAC asserts causes of action for (1) breach of warranty of habitability, (2) negligence, (5) forcible detainer, (6) failure to return security deposits, (9) covenant of peaceful and quiet enjoyment, (10) constructive eviction, (...

Excerpt: ....N.F., Inc. (VSNF), and Stockton Health Care Services, Inc. (Stockton) (collectively Defendants) on August 26, 2019. The operative pleading is the First Amended Complaint (FAC) filed on December 10, 2019. The FAC asserts claims for (1) breach of contract against Edgewater, (2) breach of the implied covenant of good faith and fair dealing against Edgewater, (3) breach of contract against VSNF, (4) breach of the implied covenant of good faith and f...

Excerpt: ...failure to engage in the interactive process, (4) failure to take all reasonable steps necessary to prevent discrimination and retaliation, (5) retaliation under FEHA, (6) wrongful termination, (7) failure to provide personnel files, and (8) failure to provide payroll files. The Complaint alleges in pertinent part as follows. In July 2017, IHS hired Plaintiff as an Account Executive. In October 2018, Plaintiff went on a medical leave of absence. ...

Excerpt: ... against Our Church Building, Inc. (OCB) on December 24, 2018. Plaintiffs' operative pleading is contained in two documents: the First Amended Complaint (FAC) filed on February 21, 2019 and a First Supplemental Complaint (FSC) filed on October 9, 2019. Both pleadings assert causes of action for (1) specific performance by the Church against OCB, (2) declaratory relief by the Church against OCB, and (3) declaratory relief by Tseshkovsky against OC...

Excerpt: ...t California District, Inc. (Civil West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5)...

Excerpt: ... MOTION TO COMPEL SHIRAZI TO APPEAR FOR DEPOSITION (5) PLAINTIFF'S MOTION TO COMPEL AIRBNB TO COMPLY WITH DEPOSITION SUBPOENA Background A. Complaint Plaintiff Stamatis Stamatopoulos (Plaintiff) commenced this proceeding against Defendants Alex Yamini (Yamini) and Larissa Karasseva (Karasseva) (collectively, Defendants) on April 15, 2019. Plaintiff has named 12337 Gorham LLC as Doe 1. The Complaint asserts causes of action for (1) violation of th...

Excerpt: ...Plaintiff named SCHX, LLC (SCHX) and JSL Foods, Inc. (JSL) as Doe Defendants in May and June 2020. The Complaint asserts a single cause of action for wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. Priority, Fairway, SCHX, and JSL (collectively, Defendants) employed Plaintiff as a packer worker from June 2015 to July 18, 2017. On July 18, 2017, Plaintiff was moving storage containers in prep...

Excerpt: ... 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 Kbled's owner...

Excerpt: ...lectively, “Defendants”) on May 13, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on December 24, 2019. The FAC asserts causes of action for (1) violations of Consumers Legal Remedies Act (“CLRA”), (2) negligent misrepresentation, (3) concealment, (4) violations of Unfair Competition Law (“UCL”), and (5) bond liability. The FAC alleges in pertinent part as follows. On December 22, 2018, Plaintiff leased...

Excerpt: ...edical malpractice action against Defendant Los Angeles County Department of Health Services (County) on June 13, 2018. Plaintiff named Southern California Healthcare System Inc. dba Southern California Hospital at Culver City as a Doe Defendant. The operative pleading is the First Amended Complaint (FAC) filed on October 15, 2018. The FAC asserts two causes of action against both Defendants: (1) elder abuse and (2) wrongful death. The FAC allege...

Excerpt: ...ubas (Cathy); 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 operative pleading is the First Amended Complaint (FAC) filed on August 4, 2020. The FAC asserts causes of action for (1) fraudulent conversion and (2) declaratory relief. ...

Excerpt: ... Substances and Control (DTSC) and Real Parties in Interest Space Bank LTD (Space Bank), Pasadena Gateway LLC (Pasadena Gateway), and City of Pasadena (City) on November 15, 2019. The Petition asserts three causes of action for writ of mandate based on violations of CEQA and the Carpenter-Presley Act. Legal Standard Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any actio...

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: ...), Matt Eskan (Eskan), Eskan General Contractor, Developers Surety and Indemnity Company (DSIC) on March 20, 2020. The Complaint asserts causes of action for (1) breach of contract, (2) fraudulent concealment, (3) constructive fraud, (4) negligence, (5) negligence, and (6) recovery of bond. The Complaint alleges in pertinent part as follows. Arthur and Kamilian (collectively, Sellers) own real property located at 2235 Lake Shore Avenue, Los Angel...

Excerpt: ..., Beach Front Properties, LLC (BFP), Beach Front Realty, LLC (BFR), Beach Front Property Management, Inc. (BFPM), Rosenwald Partners, L.P. (RP), Rosenwald Capital Management, Inc. (RCM), Daniel J. Niemann, Inc. (DNI), Academy Center 90274 LLC (Academy Center 90274), Kyle D. Kazan (Kazan), James B. Rosenwald III (Rosenwald), and Daniel J. Niemann (Niemann).[1] The operative pleading is the Second Amended Complaint (SAC) filed on January 15, 2020. ...

Excerpt: ...art as follows. 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 (Buy...

Excerpt: ... (AZ) (collectively, Plaintiffs) commenced this action against Defendants Jose Cardenas (Cardenas), Lincoln Transportation Services, Inc. (Lincoln), STS Logistics Inc. (STS), and Greenline Express, Inc. (Greenline) (collectively, Defendants) on April 22, 2019. The operative pleading is the First Amended Complaint (FAC) filed on September 9, 2019. The FAC asserts causes of action for (1) breach of contract against Lincoln, (2) breach of the implie...

Excerpt: ...odney Collins on December 30, 2019. The operative pleading is the First Amended Complaint (FAC) filed on August 31, 2020. The FAC asserts causes of action for (1) violation of Labor Code section 1102.5, (2) discrimination in violation of FEHA, (3) harassment based on race in violation of FEHA, (4) retaliation in violation of FEHA, and (5) failure to take remedial action in violation of FEHA. The FAC alleges in pertinent part as follows. Plaintiff...

Excerpt: ...e (1) the software developer for the transaction systems, Gilbarco, Inc. (Gilbarco), (2) several financial institutions including Bank of America, N.A. (BANA), JPMorgan Chase Bank, N.A. (Chase), Citibank, N.A. (Citibank), Wells Fargo Bank, N.A. (Wells Fargo), U.S. Bank, N.A. (US Bank), East West Bank (East West), and San Diego County Credit Union (SDCCU) (collectively, Banks), (3) businesses that process credit and debit card transactions includi...

Excerpt: ...1) discrimination in violation of FEHA, (2) hostile work environment harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to provide reasonable accommodation in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (6) failure to prevent discrimination, harassment, or retaliation in violation of FEHA, (7) breach of express oral contract not to terminate employment without good caus...

Excerpt: ...s) on June 4, 2019. The Complaint asserts causes of action for (1) negligence, (2) breach of implied warranty of habitability, (3) breach of implied covenant of quiet enjoyment, (4) violation of Civil Code section 1940.2, (5) violation of Civil Code section 789.3, and (6) injunctive relief. The Complaint alleges in pertinent part as follows. Plaintiffs are tenants of a single-family home located at 323 East 93rd Street, Los Angeles, CA 90003 (Pro...

Excerpt: ...ollows. In 2012, Lyons set out to purchase a restaurant at a location where he could eventually also purchase the underlying real property. Lyons found a suitable property at 5137 York Blvd., Los Angeles, CA 90042 (Property). Lyons created an entity, Apophenia, LLC (Apophenia) that would own the restaurant and began soliciting investments to finance the restaurant. Investors in Apophenia were given a right of first refusal to purchase an equivale...

Excerpt: ...f FEHA, (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation of FEHA, (4) failure to provide reasonable accommodations in violation of FEHA, (5) failure to engage in a good faith interactive process in violation of FEHA, (6) retaliation in violation of Labor Code section 1102.5, and (7) declaratory judgment. The Complaint alleges in pertinent part as follows. In August 2017, Plaintiff was hired ...

Excerpt: ...019. Bernardo named Luz Alvarez (Alvarez) as a Doe Defendant on July 17, 2020. The Complaint asserts causes of action for (1) negligence, (2) negligence per se, (3) wrongful death, and (4) violation of the Bane Act. Bernardo alleges that Decedent was an inmate in the County's Twin Towers Correctional Facility (TTCF) and had serious mental health issues. Bernardo alleges that Decedent died in his jail cell on January 22, 2018 due to the County's n...

Excerpt: ...an) (collectively, Defendants) on September 19, 2018. The Complaint asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) medical battery, (4) intentional misrepresentation, (5) negligent misrepresentation, and (6) fraudulent concealment. The Complaint alleges in pertinent part as follows. Sarkissian is a dentist licensed to practice dentistry in California. GGS APC is the corporation through which Sarkissian prac...

Excerpt: ...d rest periods, (3) unsafe workplace violation, (4) whistleblower violation, and (5) retaliation and wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. From April 20, 2018 to May 6, 2019, Diaz was employed by PHC as a Grow Technician. During her employment, Diaz protested PHC's unsafe working conditions. On at least one occasion, Diaz informed her manager Taryn that “[w]e can't work around al...

Excerpt: ...l Corporation (Medley Capital); Medley Opportunity Fund II LP (Medley Opportunity); MCC Advisors LLC (MCC); Richard Craybas (Craybas); James Feeley (Feeley); Congruent Credit Opportunities Fund II, LP (Congruent Credit); Congruent Investment Partners, LLC (Congruent Investment) (collectively, Congruent); Preston Massey (Massey); Main Street Capital Corporation (Main Street); ManagEase, Inc. (ManagEase); and Christina Woodward (Woodward) on August...

Excerpt: ...e pleading is the First Amended Complaint (FAC) filed on August 5, 2020. The FAC asserts two causes of action for breach of contract. The FAC alleges in pertinent part as follows. 1. Core Agreement and Addendum In October 2017, the parties entered into an Exclusivity Agreement / Requirements Contract (Core Agreement) by which Flag & Symbol agreed to manufacture and Defendants agreed to purchase certain products for sale in Value Price's retail st...

Excerpt: ... The FAC asserts causes of action for (1) breach of contract and (2) negligence. The FAC appears to allege the following. In June 2015, Plaintiff was shopping at a Foot Locker located in the Baldwin Hills Plaza Mall in Los Angeles, California. Four mall security guards confronted Plaintiff in the store. When Plaintiff exited the mall, one of the security guards pepper sprayed Plaintiff, forced him to the ground, handcuffed him, and detained him i...

Excerpt: ...iation in violation of FEHA and (2) retaliation in violation of Labor Code section 1102.5. The FAC alleges in pertinent part as follows. Plaintiff was a police officer for the West Covina Police Department (WCPD). In November 2016, Plaintiff began voicing his concerns about a fellow police officer, Joshua Volasgis (Volasgis), being treated unfairly on the account of his race. In September 2017, Volasgis filed a lawsuit against the WCPD for unlawf...

Excerpt: ... 17, 2020, Plaintiff accepted GM's CCP section 998 offer of compromise. Pursuant to the offer, GM agreed to pay Plaintiff $52,000 in exchange for return of the subject vehicle to GM. (Barry Decl. Ex. 4.) The parties agreed that Plaintiff's request for attorney fees and costs would be determined by noticed motion and that Plaintiff would be the prevailing party in said motion. (Ibid.) Legal Standard A prevailing buyer in a lawsuit under the Song-B...

Excerpt: ...tained or developed transmission defects. Plaintiff asserts causes of action for (1) breach of the implied warranty of merchantability, (2) breach of express warranty, and (3) fraudulent inducement – concealment. Demurrer Defendant GM demurs to each of the Complaint's causes of action. A. First and Second Causes of Action GM contends that Plaintiff's first two causes of action for breach of express and implied warranties fail because the causes...

Excerpt: ...k) (collectively, Defendants) on May 1, 2020. The Complaint asserts causes of action for (1) violation of wage and hours laws – unpaid overtime wages, (2) violation of rest period law, (3) violation of meal period law, (4) failure to pay minimum wage, (5) failure to pay wages in a timely manner, (6) waiting time penalties, (7) failure to provide accurate wage statements, (8) failure to reimburse business expenses, and (9) unfair competition. Th...

Excerpt: ...ility action against Defendants Pama V Properties LP (Pama) and Pama Management, Inc. (Pama Management) (collectively, Defendants) on January 23, 2020. The operative pleading is the First Amended Complaint (FAC) filed on September 22, 2020. The FAC asserts causes of action for (1) failure to provide habitable dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The FAC all...