Excerpt: ...erence, and fraud stemming from Defendants' 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 frau...

Excerpt: ...tions to compel further responses filed by Plaintiff against Defendant Turbo Air, Inc. 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) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the...

Excerpt: ...acy to embezzle money from Plaintiffs. The allegations 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 o...

Excerpt: ...rported 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 ov...

Excerpt: ...by Defendants' actions at the decedent's funeral. The complaint also seeks recovery for conversion of several electronic devices and a motor vehicle previously belonging to decedent which he allegedly bequeathed to Plaintiffs. On October 19, 2022, Defendants filed the instant motion to change venue because they reside in San Joaquin County. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the com...

Excerpt: ... violation of Section 1983 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...

Excerpt: ...e, and fraud stemming from Defendants' 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...

Excerpt: ...Property”), located on the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. After resolution of various issues, including the County's right to take, the remaining issue for trial was the value of the Property. The jury rendered its verdict on August 26, 2022, determining the value of the Property to be $39 million. On October 20, 2022, Defenda...

Excerpt: ... Angeles, and Bryan Dameworth. The operative First Amended Complaint alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, and (7) intentional infliction of emotional distress. Plaintiff alleges that he was attending a protest on May 30, 2020 in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (FAC ¶¶ 10-12.) The incident allegedly left Pla...

Excerpt: ...s filed on January 15, 2020. Various cross-complaints and amended cross-complaints have also been filed from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (Japanese Investors) and investors from the United States (US Investors). The present motions to compel relate to discovery propounded by Cross-Complainant B...

Excerpt: ...er PAGA. Pursuant to the U.S. Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, Defendant Wayb presently moves to compel arbitration of Plaintiff's claims, including the individual PAGA claims. Defendant Jung, Wayb's CEO, subsequently filed a joinder to the motion. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to...

Excerpt: ...(PMH), Prospect Medical Systems, Inc. (PMS), Southern California Healthcare Systems, Inc. (SCHS), Alta Hospitals System, LLC (AHS), and Ceridian HCM Inc. (Ceridian). Plaintiff has since dismissed Ceridian as a defendant. The parties have an arbitration agreement which requires Plaintiff to arbitrate her claims in an individual capacity. Defendants had not moved to compel arbitration due to the rule set forth in Iskanian v. CLS Transportation Los ...

Excerpt: ...Ex. A.) Plaintiffs agreed to dismiss the action in exchange for a total of $295,000. The insurance carriers paid $275,000, and Defendant Shokrian was responsible for $20,000. On May 3, 2022, Defendant signed a document titled “Installment Payments for Full Satisfaction of Settlement Claim,” in which he agreed to make four installment payments of $5,000 to satisfy his portion of the settlement. (Medina Decl., Ex. B; Kelly Decl., Ex. B.) To dat...

Excerpt: ...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 allegedly RCG's alter ego. Plaint...

Excerpt: ...dant Abgaryan in July 2019. The action stems from unpaid rent for the month of January 2020. Currently, Defendant Taxter is the only tenant in possession, as Abgaryan has been incarcerated for murder. Plaintiff has subsequently dismissed Abgaryan since he is not in possession. Plaintiff and Defendant Taxter entered into a stipulation on September 9, 2021. The stipulation provided that: (1) Defendant is to pay a total of $84,374.88; (2) Defendant ...

Excerpt: ... operative First Amended Complaint was filed October 14, 2022. The complaint alleges that Defendant E&B Natural Resources Management Corporation (“E&B”) sought to purchase a 25% stake in Plaintiff. Due to financial issues with its lenders, E&B could not directly deal with Plaintiff. Instead, E&B allegedly formed Defendant Triton LA, LLC (“Triton”) to hold E&B's 25% interest in Plaintiff. The complaint alleges that the arrangement was indu...

Excerpt: ... and accommodation for his disability. The complaint asserts causes of action for (1) discrimination, (2) retaliation, (3) failure to prevent, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) wrongful termination, (7) declaratory relief, and (8) injunctive relief. Plaintiff began working for Defendant in 1998 as a Client Services and Marketing employee. In 2017, Plaintiff was promoted to the position of Data Gover...

Excerpt: ...d negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. On December 15, 2020, Eo and Shin (collectively “Cross-Complainants”) filed a cross- complaint agai...

Excerpt: ...e with contract. The action arises out of allegedly unpaid work that Plaintiff performed on singer Justin Bieber's album. Plaintiff alleges that he formed a contract with JRC through emails in 2018 wherein the parties agreed Plaintiff would receive 1% of royalties (royalty point) on any non-feature songs that Plaintiff worked on for Bieber. Although Plaintiff was compensated accordingly for 18 songs pursuant to a 2019 agreement, Plaintiff contend...

Excerpt: ...Song Beverly statute. Plaintiff's claims arise from his purchase of a 2019 Chevrolet Silverado 1500 (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...

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 August 22, 2022, Defendants filed the instant motion to compel arbitration based on an arbitration agreement Plaintiff signed in February 2009. Plaintiff denies signing the agreement. LEGAL STANDARD The Federal Arbitration Ac...

Excerpt: ...Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his appellat...

Excerpt: ...elations, and (6) declaratory judgment. Plaintiff is the founder and CEO of Defendant Icon Aircraft, Inc. (Icon). Defendant Shanghai Pudong Science and Technology Investment Co., Ltd. (PDSTI), a Chinese company, acquired 51% of Icon. Defendant Xudong Zhu (Zhu) is PDSTI's chairman, who also sits on the board of Icon. Plaintiff alleges that Defendants engaged in bad faith negotiations regarding his employment and compensation. Plaintiff alleges tha...

Excerpt: ...ed to the chemical gadolinium throughout the course of the MRIs, resulting in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice-lac...

Excerpt: ...” In the initial complaint, Plaintiff alleges that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after ...

Excerpt: ...ess Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. The matter came on for trial on August 1, 2022, and the jury found that Defendants San Gabriel and Rockport were liable...

Excerpt: ...mplaint stems from a series of sexual assaults allegedly committed by SCMC's founder, Defendant Mohammad Rasekhi, from 2018 to 2022. Defendants ModernHR and ADP Total Source are human resource agencies who partnered with SCMC. Defendant R&B Medical Group is another company owned by Rasekhi, where Plaintiff also worked preparing finances. Defendant Sheila Busheri is the CEO of SCMC, cofounder of R&B, and Rasekhi's wife. The remaining individual De...

Excerpt: ...ohrman, Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his ...

Excerpt: ...underlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleg...

Excerpt: ...; (5) unjust enrichment; and (6) declaratory relief. Cojecto and its agent David Martinez also filed a complaint against Pixior and its CEO Yassine Amallal. The operative Second Amended Complaint was filed October 15, 2021, asserting causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. Th...

Excerpt: ...igueroa ("Marcos") (collectively, "Plaintiffs") against Defendants AT&T Corporation ("AT&T"); AT&T Mobility Wireless Operations Holdings Inc. ("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"); Roberto Guerrero ("Guerrero") (collectively, "D...

Excerpt: ... developed defects. Plaintiffs asserts causes of action including fraud. Demurrer GM demurrers to the following causes of action: 5 th Cause of Action – Fraud. A. Economic Loss Doctrine. GM demurs to the Complaint's 5 th Cause of Action – Fraud. One of GM's contentions is that this cause of action fails because it is barred by the economic loss rule. The Court agrees. Economic loss consists of “damages for inadequate value, costs of repair ...

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

Excerpt: ...iled on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African-American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportunity to tel...

Excerpt: ...lure to pay for goods shipped by Plaintiff. Plaintiff has sued Zalta Boutique II, Inc., whereas the complaint appears to show goods that were shipped to Zalta Boutique. Defendant, Zalta Boutique II, Inc., argues that it is not the same company as Zalta Boutique. On July 11, 2022, the Court granted Defendant's motion to quash for lack of personal jurisdiction. Defendant had presented evidence that it was a New York corporation that had no dealings...

Excerpt: ...Kenneth 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 neg...

Excerpt: ... The FAC 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 sup...

Excerpt: ... violation of the Business and Professions Code. The complaint arises from an alleged bedbug infestation in Plaintiff's unit. On July 8, 2022, Defendant filed the instant demurrer and motion to strike. 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 Lo...

Excerpt: ...iled from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (“Japanese Investors”) and investors from the United States (“US Investors”). The instant motion arises from the following pertinent facts. Initially, the Japanese Investors owned the Property as tenants in common with Defendant entities Beach Fron...

Excerpt: ...omplaint was filed on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Among other things, Plaintiff alleges that she was denied the opportunity to telework as a disability accommodation. (FAC ¶¶ 83-88.) Plaintiff alleges that she suffers from various underlying health issues that place her at a high risk of COVID infection. (Id., ¶ 81.) P...

Excerpt: ...e allegations stem from injuries Plaintiff sustained while a resident at Defendants' care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants' inadequate care. On July 13, 2022, Plaintiff served a deposition subpoena to nonparty The Rehabilitation Center of Bakersfield, requesting appearance on August 8, 2022 and production of Plaintiff's medical billing records fr...

Excerpt: ...ia, asserting two causes of action under the Song-Beverly Act. BMW of North America is the only remaining Defendant. On February 28, 2022, this Court granted BMWNA's motion to compel arbitration. The parties thereafter initiated arbitration with JAMS, but due to a credit card error, Defendant's payment of arbitration fees was not processed. On September 2, 2022, Plaintiff filed a motion for sanctions under Code of Civil Procedure section 1281.99 ...

Excerpt: ...reach of contract, (6) declaratory relief, (7) conversion, and (8) quantum meruit. Plaintiff alleges that Defendants induced him into a joint business venture and promised him 50% ownership interest. Plaintiff and Jonny formed Los Angeles Trading Company, LLC (“LATC”) to operate the new business. Plaintiff contributed financially to the business and also provided his guidance and expertise, which increased LATC's success. Jonny allegedly mism...

Excerpt: ...operative First Amended Complaint alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, and (7) intentional infliction of emotional distress. Plaintiff alleges that he was attending a protest on May 30, 2020 in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (FAC ¶¶ 10-12.) The incident allegedly left Plaintiff with severe injuries, contin...

Excerpt: ...ning Rowland Company LLC (“Shining Rowland”), alleging the following causes of action: (1) breach of contract; (2) breach of fiduciary duty; and (3) unjust enrichment. The complaint alleges that Plaintiff entered into an agreement with Henry's company PTI to form an LLC called Fontana Village. The relationship between the two members of Fontana Village is governed by the LLC's Operating Agreement. The complaint asserts breach of contract agai...

Excerpt: ... warranty under Song- Beverly, and (3) fraudulent concealment. The causes of action arise from Plaintiff's purchase of a 2020 Ford Explorer (Vehicle). Objections Plaintiff's objections are overruled, Discussion Defendant Ford moves to compel Plaintiff to submit this action to binding arbitration. Ford presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Galpin Motors. (Ihara Decl. Ex. 1.)...

Excerpt: ...to compel arbitration of Plaintiff's individual PAGA claims and for dismissal of the remaining representative claims. The parties have an arbitration agreement which purports to waive Plaintiff's right to representative actions, including PAGA, and requires Plaintiff to arbitrate her claims in an individual capacity. Previously, Defendant refrained from filing a motion to compel arbitration due to the rule set forth in Iskanian v. CLS Transportat...

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

Excerpt: ... answer the complaint, and a default was granted on July 15, 2022. On August 3, 2022, Dedicated filed the instant motion to set aside the default on the grounds that service was improper and did not result in actual notice of the lawsuit. Defendant's receptionist, who accepted service of the papers, placed them in a cabinet and did not inform anyone at the company of the lawsuit. LEGAL STANDARD “Proper service of process of a petition or compla...

Excerpt: ...2, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Among other things, Plaintiff alleges that she was denied the opportunity to telework as a disability accommodation. (FAC ¶¶ 83-88.) Plaintiff alleges that she suffers from various underlying health issues that place her at a high risk of COVID infection. (Id., ¶ 81.) Plaintiff alleges that her medi...