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

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

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

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

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

Excerpt: ...Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a hig...

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

Excerpt: ... filed January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The incident allegedly left Plaintiff with ...

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

Excerpt: ...age 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 employ...

Excerpt: ...fendants failed to pay a JAMS invoice needed to continue the arbitration. The Court thereafter granted Plaintiff's motion to withdraw from arbitration. On August 3, 2023, Plaintiff filed the instant motion for sanctions in connection with the withdrawal from arbitration. Defendants filed their opposition on August 15, 2023. Plaintiff replied on August 21, 2023. LEGAL STANDARD “In an employment or consumer arbitration that requires, either expre...

Excerpt: ...rumer. The SAC asserts causes of action for (1) legal malpractice, (2) accounting malpractice, (3) breach of fiduciary duty, (4) fraudulent concealment, and (5) financial elder abuse. Defendant Lanning and his law firm represented Plaintiff for over thirty years in connection with estate planning. However, unbeknownst to Plaintiff, Defendants also began representing Plaintiff's son, Shervin. Defendants did not disclose this conflict of interest a...

Excerpt: ...ees 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 approva...

Excerpt: ...t Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a h...

Excerpt: ...t stems from the allegation that Defendants have maintained their property in a way that has resulted in water intrusion onto Plaintiffs' property. On July 3, 2023, Defendants filed the instant motion to strike punitive damages from the complaint. Plaintiffs filed their opposition on July 17, 2023. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of t...

Excerpt: ... terminated Plaintiff as retaliation for Plaintiff's complaints regarding COVID safety. The operative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310, 6311, 1102.5, 232.5, and Business and Professions Code section 17200. On February 24, 2023, Defendant filed a motion for summary judgment. The motion was initially set to be heard on May 10, 2023. However, the motion was continued to June 21,...

Excerpt: ... Kay (Kay), and Does 1 through 10, 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. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disney from the 1980s until ...

Excerpt: ...ct, (2) quantum meruit, (3) account stated, and (4) open book account. Plaintiff was the subcontractor on a construction project in which RCG was the primary contractor. Plaintiff and RCG entered into a written agreement whereby Plaintiff would complete a portion of the project relating to the fabrication and installation of structural steel. RCG also allegedly ordered additional work from Plaintiff and promised to pay for it. Mikhail is allegedl...

Excerpt: ...y Plaintiff would recruit and refer employees to Defendant in exchange for a fee. The action arises from Defendant's alleged failure to pay the requisite fee. On February 28, 2023, Defendant filed an answer to the complaint, admitting all of the allegations except two. Defendant denies paragraph 13 of the complaint because it has no record of saying “thanks for your patience” in response to a payment request. (Answer ¶ 3(b).) Defendant also ...

Excerpt: ... Plaintiff sued, among others, EVOLV; Kenneth Bruce Shaevel, EVOLV's chief executive officer; KBLED, Inc., a company owned in part by Shaevel; and All-In Energy Group, LLC, an investor in EVOLV, for wrongful termination, breach of contract, unlawful retaliation and unfair business practices. This Court sustained demurrers and dismissed Plaintiff's causes of action for wrongful termination and unfair business practices. On June 23, 2021, the Court...

Excerpt: ...DWWS), Rona Kay (Kay), and Does 1 through 10, 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. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disney from the 1...

Excerpt: ...intiffs Danae Locatelli, Danielle Peckham, Deborah Koch, and Duane Otrambo against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Inc., and Does 1 through 100. Defendants Livanova Deutschland, GMBH and Livanova Holdings USA, Inc. were identified as Does 1 and 2, respectively. The action stems from the death of Decedent Dora Otrambo after a medical procedure. On March 17, ...

Excerpt: ... 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. Triton ...

Excerpt: ...t Amended Complaint on November 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 a...

Excerpt: ...983 against Defendants County of Los Angeles, Los Angeles Sheriff's Department, Detective Josue Torres, and Sergeant Jose Rojas. Plaintiff was arrested and charged with the murder of Miguel Herrera. Plaintiff alleges that he was misidentified by a witness to the incident. Plaintiff alleges that he was wrongfully arrested and prosecuted. The information against Plaintiff was eventually dismissed, and he filed this action for malicious prosecution....