Excerpt: ... DENIED. Defendant's request for sanctions is DENIED. Plaintiff's Motion to Compel Defendant's PMK for Topics 41‐44 and 81‐84 is GRANTED. The request for sanctions is DENIED. Plaintiff's Motion to Compel Deposition of Manuel Caesar and for Citation of Contempt is DENIED WITHOUT PREJUDICE. As explained below, the motion was not properly served. Defendant's Motion to Quash the Subpoena on Dr. Willett and Dr. Willett's Office Manager is DENIED. ...

Excerpt: ... acting by, though, or in concert with TLA from all actual or potential claims, whether those claims were known or unknown. In exchange, Princeton Excess and Surplus Lines Insurance Company paid Campbell $45,000.00. Nevertheless, in 2017, Campbell filed suit against Cahuenga regarding the injuries. Cahuenga immediately tendered suit, who then sent it to their insurance. Princeton failed to respond to the suit, and Campbell took a default judgment...

Excerpt: ...on to confirm that settlement. Defendant provides a non-opposition. Legal Standard Lab. Code section 2699(l)(2) states, “The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” The court has discretion to approve any penalty amount, even $0.00. (See Nordstrom Commission Cases (2010) ...

Excerpt: ...egligence and premises liability. On March 19, 2021, Defendants filed a demur and motion to strike against the Complaint. No opposition was filed. 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. In a demurrer proceeding, the defects must be apparent on the face of the pl...

Excerpt: ...”), QTC Management Inc. (“QTC”), August Smith (“Smith”), Norma Dandridge (“Dandridge”), Sheryl McGinnis (“McGinnis”), Andrea Kayahara (“Kayahara”), Laura Ochoa (“Ochoa”), and Patricia Dantzler (“Dantzler”). The operative Second Amended Complaint sets forth 16 causes of action as follows: (1) sex harassment under the Fair Employment and Housing Act ("FEHA") (Lei, QTC, Smith) ; (2) race, color, ancestry harassment unde...

Excerpt: ...i Property”). The other property is an undeveloped parcel of real property commonly referred to as 1765 Clear View Drive, Beverly Hills, California 90210 (the “Kadisha Property”). On January 14, 2020, Plaintiff Kadisha Family LLC filed a trespass action against Defendants Sanjay Khiani, as Trustee of the Sanjay Khiani and Reshma Khiani Revocable Living Trust; Reshma Khiani, as Trustee of the Sanjay Khiani and Reshma Khiani Revocable Living ...

Excerpt: ... Isabella Parkway, Apt. 201, Santa Clarita, owned by Defendant. Defendant allegedly maintained the subject property in an unsanitary, uninhabitable and unsafe manner, including allowing a pervasive vermin infestation. Despite Plaintiffs' complaints about the issues, Defendants responded ineffectively or not at all. The Complaint alleges seven causes of action: (1) Tortious Breach of Warranty of Habitability; (2) Breach of Covenant of Quiet Enjoym...

Excerpt: ...On March 22, 2021, Plaintiff filed the instant motion to enforce the settlement per CCP § 664.6. No opposition was filed. Legal Standard Pursuant to CCP section 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If reque...

Excerpt: ... Kern, Timothy Garrow, 21917 Main LLC, Eden Hill Mission, and Star Estate Corp. The Complaint arises out of several underlying suits regarding Eden Hill, including Kern v. Kim (BC708515), Kern v. Park (BC651029), and Oropeza v. Kern (BC660170). The Complaint alleges that Defendants accrued $40,314.35 of unpaid legal fees to the Maloney Firm in the underlying matters. The Complaint alleges four causes of action for breach of contract, account stat...

Excerpt: ...ntiff alleges Defendant breached a retainer agreement by failing to pay all legal fees owed. The operative First Amended Complaint alleges four causes of action for breach of contract and common counts. On January 20, 2021, Defendant filed a demurrer to the FAC. Plaintiff opposes. 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 demurr...

Excerpt: ...hat he is a pedophile, racist, physically abusive to women, and a threat to children. Plaintiff explains that a primary reason Defendants began spreading these falsehoods was that they were upset that Plaintiff complained about excessive dog barking in the community and challenging their failures to take appropriate action in that regard while serving as Homeowners Association (“HOA”) Board Members. Plaintiff alleges that his reputation in th...

Excerpt: ...d $250,000.00, each at certain interest rates. The Complaint alleges 28 causes of action for breach of the various loan agreements and promissory notes, breach of the covenants of good faith and fair dealing, larceny, money had and received, fraud, conversion, and unjust enrichment. Default was entered against Defendants in July 2020. On December 17, 2020, the Court entered default judgment against all Defendants for $697,000.00 in damages, $310,...

Excerpt: ...(“LMIG”), Liberty Mutual Insurance Company (“LMIC”), Appleby & Sterling Inc. (“Appleby”), Ohio Casualty Insurance Company (“OCIC”), Bizguard Plus (“Bizguard”), Amguard Insurance Company (“AIC”), Wheatman Insurance Agency (“Wheatman”), Berkshire Hathaway Guard Insurance Companies (“Berkshire”), Frankin Insurance Adjusters Inc. (“FIA”), ANM Construction and Environmental Services (“ANM”), Patricia Bobbs (“B...

Excerpt: ...s on the odometer and accompanied by the manufacturer's warranty. The subject vehicle had serious Engine, Transmission, and Oil Leak defects, which would cause the VEHICLE to be out of service throughout 2018. Plaintiff presented the vehicle to Defendant's authorized repair facilities for certain engine and oil issues at least five times. The Complaint alleges two causes of action under the Song Beverly Consumer Warranty Act for breaches of expre...

Excerpt: ...htclub owner—Tokio Los Angeles, LLC dba Couture Nightclub (“TLA”) and all persons acting by, through, or in concert with TLA from any and all actual or potential claims, whether those claims were known or unknown. In exchange, Princeton paid Campbell $45,000.00. Nevertheless, in 2017, Campbell filed suit against Cahuenga regarding the injuries. Cahuenga immediately tendred suit, who then sent it to their insurance. Princeton failed to respo...

Excerpt: ...iff filed the instant action against Defendants Yie-Ming Hong, Eric M. Chwa, Jennifer Long, Xurui Wang, Shu Jun Zhang, Olympus Escrow Corp., East West Bank, and IBIS Financial Corp., Inc. as parties potentially claiming an interest in the Funds. The only defendants left litigating their respective claims to the funds interplead by CTBC are Hong and Chwa on one hand, and Zhang on the other. On March 4, 2021, Hong and Chwa (“MP”) filed the inst...

Excerpt: ...pposition was submitted. 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. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests t...

Excerpt: ... of Property Taxes Paid. This action arises from a dispute regarding the property tax assessment of the Villa Marina Marketplace, a shopping center located in the Marina del Rey area of Los Angeles, California. The parties present the issue of whether Plaintiffs RAR2 Villa Marina Center CA SPE, Inc., RAR2-Villa Marina Center CA, LLC, and Villa Marina Company, LLC's (“Plaintiffs”) request to withdraw their appeal of that assessment to the Asse...

Excerpt: ...The operative First Amended Complaint alleges thirteen causes of action for: 1) Breach of Common Law Duty of Care; 2. Breach of the Warranty of Habitability; 3. Violation of Cal. Civ. Code § 1942.4; 4. Violation of Cal. Civ. Code § 1940.2; 5. Breach of the Common Law Implied Covenant of Quiet Enjoyment; 6. Violation of Cal. Civ. Code § 1714; 7. Intentional Infliction of Emotional Distress; 8. Nuisance; 9. Breach of the Implied Covenant of Good...

Excerpt: ...ing; The Bank of New York Mellon fka The Bank of New York as Trustees for the CWABS Asset-Backed Certificates Trust 2006- QH1 Mortgage PassThrough Certificates, Series 2006 QH1 on October 24, 2017. The operative First Amended Complaint alleged causes of action for 1) violations of Civ. Code; 2) violations of Bus. & Prof. Code § 17200; 3) declaratory relief; and 4) injunction; 5) setting aside sale; and 6) cancellation of deed. On April 2, 2021, ...

Excerpt: ...ses and that it caused stress induced seizures. Fishback harassed and discriminated against her based on her disability, and with such an intensity that she was constructively terminated. The FAC alleges six causes of action for discrimination, harassment, constructive discharge in violation of public policy, failure to prevent discrimination and harassment, failure to provide rest periods and meal periods, and failure to pay all wages due includ...

Excerpt: ...ach of contract; 2) negligence; 3) fraud; and 4) negligent misrepresentation. Plaintiffs are the current owners of the subject residential real property located at 3800 Domal Lane, La Canada, California (the “Property”). On June 27, 2017, Jaybell, as the original owner/seller, entered into a residential purchase agreement (the “Agreement”) with Plaintiffs for the sale of the property. After the close of escrow, the Plaintiffs moved in, an...

Excerpt: ...2940(n)]; (4) Failure To Prevent Discrimination And Retaliation [Gov. Code, §12940 (j) & (k)]; (5) Retaliation [Gov. Code, § 12940(h)]; (6) Intentional Infliction of Emotional Distress; (7) Wrongful Termination In Violation Of Public Policy [Gov. Code, §12940(a) and Labor Code, §§ 132a and 3202, et seq.]; (8) Unpaid Wages, Including Overtime [Labor Code, §§ 510, 1194, 1198; IWC Wage Order No. 4-2001]; (9) Failure to Provide Meal Breaks [La...

Excerpt: ...ir Gallery Director from 2006 to 2020. In 2020, Plaintiffs discovered that Defendant defrauding them out of thousands of dollars' worth of business between 2018 and 2019 by brokering art transactions off the Gallery's books, then keeping commissions for herself. The Complaint alleges six causes of action for: (1) Breach of Contract; (2) Fraud; (3) Interference with Prospective Economic Advantage; (4) Intentional Interference with Contractual Rela...

Excerpt: ...lies here and this later filed action should be abated. Plaintiffs oppose. Request for Judicial Notice Defendant's request for judicial notice is GRANTED as requested. (Evid. Code § 452(d).) Evidentiary Objections Plaintiffs' objections are OVERRULED. Defendant's objection is OVERRULED. Discussion Defendant argues that trial in this case should be stayed on two independent grounds. First, that the bankruptcy stay applicable to 110 West applies h...

Excerpt: ...tion of OrthoLa's former sales representatives. The Complaint The Complaint alleges seven causes of action for: 1) Intentional Interference with Contractual Relationships; 2) Intentional Interference with Prospective Economic Advantage; 3) Negligent Interference with Prospective Economic Advantage; 4) Unfair Competition; 5) Breach of Continuing Income Agreement; 6) Breach of Covenant of Good Faith and Fair Dealing; and 7) Declaratory Relief. The ...

Excerpt: ...ght or continued litigating the action without an objective basis for believing it had potential merit.” (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4th 97, 99–100.) “[T]he term “meritless” is to be understood as meaning groundless or without foundation, rather than simply that the plaintiff has ultimately lost his case…In applying these criteria, it is important that a [trial] court resist the understandable tem...

Excerpt: ...actions off the Gallery's books, then keeping commissions for herself. The operative complaint states six causes of action for breach of oral contract, fraud, interference with economic advantage and contractual relations, defamation, and unjust enrichment. On May 6, 2021, Defendant moved to quash a subpoena for production of business records to third-party Pacific Western Bank on the grounds that the subpoena was defective and overbroad. Plainti...

Excerpt: ... Breach of Contract; Breach of Contract; Implied Covenant of Good Faith and Fair Dealing; and Accounting. This case arises out of the creation of the Judge Judy television program (Judge Judy, or “the Show”), and the subsequent sale and repurchase of its back-episode catalog (the “Library”). In 1995, Richard Lawrence (“Lawrence”), then a talent agent and owner at Abrams, Rubaloff & Lawrence (“ARL”) discovered Sheindlin and pitched...

Excerpt: ...On December 20, 2016, Plaintiff filed a dismissal with prejudice. On March 22, 2021, Plaintiff filed the instant motion to enforce the settlement per CCP § 664.6. No opposition was filed. Legal Standard Pursuant to CCP section 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, ma...

Excerpt: ...ianhui Hua Huang, Jianhui Huang, and Extreme Pictures. The Complaint alleges the defendants fraudulently induced Weying to pay over $6 million to purchase what it was led to believe was 100% of the derivative rights to the action film franchise xXx, when they only had a 50% interest. The Complaint alleges six causes of action for fraud, breach of fiduciary duty, conversion, breach of contract, declaratory relief, and accounting. On December 14, 2...

Excerpt: ...��) and Duke Bakery Inc. (“Duke”). Plaintiff seeks to recover a loan to Duke by himself and as the authorized attorney-in-fact for other individual lenders who loaned monies to Duke. Plaintiff alleges they loaned the money to Duke based on certain misrepresentations made by Duke's CEO, Hong. The operative First Amended Complaint (“FAC”) states five causes of action for intentional misrepresentation, negligent misrepresentation, breach of ...

Excerpt: ...ices Corporation, Pacific Eagle Holdings Corporation, Pacific Eagle GP Corporation, Pacific 1125 Market Corporation, Pacific Eaton Holdings Limited, and Katherine Lo. The Complaint states twelve causes of action, including discrimination, retaliation, and other related claims. On May 3, 2021, LHGL moves to quash service for lack of personal jurisdiction. Plaintiffs oppose. Legal Standard Pursuant to CCP section 418.10(a)(1), a defendant may move ...

Excerpt: ...rs old. Plaintiff alleges that beginning in March 2017, Plaintiff was regularly volunteering to assist younger students with their studies at her younger sister's elementary school, Normandy Avenue Elementary School (the “School”). LACC enrolled Davis into a program that provided job training for at-risk young adults in September 2017 as a trainee, apparently working with children in an after-school program. Davis began to show an interest in...

Excerpt: ...ntiff owns real property at 1971 De Mille Dr., Los Angeles 90027. Juel and the Bergougnouxes own properties on Franklin Avenue in Los Angeles, bordering Plaintiff's property on the south. Plaintiff claims a right of way easement for direct vehicular access from Plaintiff's property to Franklin Avenue, and the sole access to the garages on Plaintiff's property (before they were destroyed by landslides). The Complaint states three causes of action ...

Excerpt: ...strike against the Complaint. Plaintiff opposes. 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. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, ...

Excerpt: ...the premises during negotiations. The Complaint states five causes of action including fraud, a violation of Bus. & Prof. Code § 17200, and unjust enrichment. On December 10, 2020, Defendants filed a demurrer to the Complaint. Plaintiff opposes. 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 li...

Excerpt: ...'s investor in his investment firm, Pi Capital Inc., accused him and Defendants (other officers of Pi) of wrongdoing, leading to investment losses. The investor assigned his claims to Greenfield LLC. Greenfield filed suit in 2014 for fraud against the parties here. Defendants initially agreed to cooperate in presenting a joint defense in the underlying litigation. However, defendants fired their trial counsel shortly before trial, settled with th...

Excerpt: ... action against her former employers/supervisors Defendants Elevation Health Partners, Elevation Point 2 Inc., Elevation Health Partners Foundation (collectively “Elevation”), Natalie Martin, and Deena Pourshaban. The operative Second Amended Complaint (“SAC”) states seventeen causes of action for: 1) discrimination; 2) hostile work environment harassment; 3) retaliation; 4) failure to accommodate; 5) failure to engage in the interactive ...

Excerpt: ...ming Elixir Rx Options, LLC and Rx Options, LLC. The Complaint alleges that Defendants terminated Plaintiffs from their pharmacy network after gaining access to Plaintiffs' books. They did so to facilitate the misappropriation of Plaintiffs' book of business and divert such business to Defendants' affiliated entities. The operative Complaint allege four causes of action for: (1) Breach of Written Contract; (2) Intentional Interference with Prospe...

Excerpt: ...18. Plaintiff and Defendants entered into two separate agreements where Defendants would renovate certain aspects of the property by certain times. Plaintiff alleges delays with the renovation and substandard work that required repairs. The Complaint states six causes of action for: 1) breach of contract; 2) breach of contract; 3) breach of covenant of good faith and fair dealing; 4) negligence; 5) violation of B&P Code § 7026, 7028, and 7031; a...

Excerpt: ...ion of OrthoLa's former sales representatives. The Complaint The Complaint alleges seven causes of action for: 1) Intentional Interference with Contractual Relationships; 2) Intentional Interference with Prospective Economic Advantage; 3) Negligent Interference with Prospective Economic Advantage; 4) Unfair Competition; 5) Breach of Continuing Income Agreement; 6) Breach of Covenant of Good Faith and Fair Dealing; and 7) Declaratory Relief. The o...

Excerpt: ... hired by Defendant on January 15, 2019. During her employment, Plaintiff alleges she was subjected to sexually demeaning and explicit comments and other harassing conduct by Jacobo and Nunez, including assault and battery. The Complaint states ten causes of action for: 1. Sex Discrimination (Gov't Code § 12940(a)), 2. Sexual Harassment (Gov't Code § 12940(j)), 3. Retaliation (Gov't Code § 12940(h)), 4. Failure to Take All Reasonable Steps Nec...

Excerpt: ...es, requesting a total of $183,457.98 in fees and expenses. On April 21, 2021, Defendants filed an opposition. On April 26, 2021, Plaintiff filed a reply. Legal Standard With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties.¿(CCP § 1021.) The ...

Excerpt: ...dants. During the warranty period, the Vehicle contained or developed defects, including certain transmission defects. Plaintiffs also allege that Defendants knew of and concealed the defect from the general public and Plaintiffs. The Complaint states seven causes of action for: 1) breach of express warranty – violation of Song Beverly Act; 2) breach of implied warranty – violation of Song Beverly Act; 3) violation of Song Beverly Act section...

Excerpt: ...ty; 2) discrimination, harassment and retaliation on the basis of age; 3) discrimination, harassment, and retaliation on the basis of taking FMLA leave; 4) failure to provide reasonable accommodation; 5) failure to engage in the interactive process; 6) failure to prevent discrimination, harassment, and retaliation; 7) breach of express oral contract not to terminate without good cause; 8) breach of implied-in-fact contract not to terminate employ...

Excerpt: .... Prior to being discharged, Plaintiff was inpatient at the Hospital. As a result, Plaintiff hired Defendants to represent her and pursue claims against the Hospital. On May 7, 2019, Defendants filed suit on behalf of Plaintiff against the Hospital (case no. 19STCV15911). On July 11, 2019, the Hospital answered, asserting several affirmative defenses including a Statute of Limitations defense. Defendants would withdraw from representation in Sept...

Excerpt: ...uested an intermittent leave of absence from November 2, 2016 to March 2, 2017. On June 14, 2017, Plaintiff had a major auto accident, necessitating a leave of absence. Due to this leave of absence, Defendants retaliated by placing her on a six-month performance improvement plan (“PIP”). During this absence, she experienced exacerbated symptoms of her bipolar disorder. Plaintiff's psychiatrist placed off work and gave her further working limi...

Excerpt: ...t alleges thirteen causes of action for: 1) Breach of Common Law Duty of Care; 2. Breach of the Warranty of Habitability; 3. Violation of Cal. Civ. Code § 1942.4; 4. Violation of Cal. Civ. Code § 1940.2; 5. Breach of the Common Law Implied Covenant of Quiet Enjoyment; 6. Violation of Cal. Civ. Code § 1714; 7. Intentional Infliction of Emotional Distress; 8. Nuisance; 9. Breach of the Implied Covenant of Good Faith and Fair Dealing ;10. Violati...

Excerpt: ...) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE maintains a cross-complaint against HTLA for breach of contract. On March 5, 2021, the Court granted Defendant's Motion to Compel Production of certain records with a production due date of the records by March 22, 2021. The Court also struck HTL's complaint ...