Excerpt: ...p records and misappropriated funds owed to Plaintiff from the Partnership. The Complaint alleges 14 causes of action for: 1) Dissolution of partnership; 2) accounting; 3) conversion; 4) breach of partnership agreement; 5) breach of fiduciary duty; 5) unjust enrichment; 7) violation of Corp. Code §§ 16401 et seq.; 8) negligence; 9) fraud; 10) declaratory relief; 11) injunctive relief; 12) conversion; 13) negligent infliction of emotional distre...

Excerpt: ... at Simply Fresh and worked in production and packaging. Plaintiffs job duties primarily consisted of working on an assembly line where she placed food items such as salsa, tacos, guacamole, beans and other food items on plates as they passed by on a conveyor belt. Her duties also included packing the prepared plates and placing them in boxes that were then sent to be palletized for shipment. Plaintiff performed all of Plaintiffs job duties satis...

Excerpt: ... 2019, Plaintiff advised her supervisor that Plaintiff was pregnant. Plaintiff's supervisor immediately advised her that “this is not a job for a pregnant person.” On April 19, 2019, Plaintiff received a letter terminating her employment. The Complaint states three causes of action for: 1) pregnancy discrimination; 2) sex discrimination; and 3) wrongful termination in violation of public policy. On February 5, 2020, Defendant moved to compel ...

Excerpt: ... this breach of contract suit against Defendants In Sook Park (“I. Park”), individually and as trustee of the Park Family Trust (the “Trust”), and James Park (“J. Park”), as trustee of the Trust (collectively, “Defendants”). The operative Second Amended Complaint alleges six causes of action for: 1) declaratory relief, 2) specific performance; 3) breach of contract of sale; 4) breach of cancellation contract; 5) rescission of canc...

Excerpt: ...rimination based on disability; 20 failure to accommodate; 3) failure to engage in the interactive process; 4) retaliation; and 5) harassment. The Complaint alleges that Plaintiff was initially hired as a housekeeper through a temp agency in 2015. Beginning March 2016, she transitioned to Defendants' payroll. On April 30, 2016, Plaintiff hurt her hand while on duty. She informed Velez of the accident and requested accommodations. Velez ignored th...

Excerpt: ...amended complaint (“4AC”) that in 1993, he and his niece each acquired as tenants in common in the property located at 1459 E. 121st Street, Los Angeles, CA 90059 (“Property”), until he acquired her interest in 1998. On February 4, 2005, a grant deed conveying the Property from Turner to “Lawrence Nathaniel Turner Revocable Living Trust” was recorded. On August 29, 2006, Turner executed a grant deed to secure a $275,000 loan he receiv...

Excerpt: ...ase is set for trial on July 27, 2020. On October 17, 2019, Plaintiff moved to quash a subpoena for production of business records to Plaintiff's physician Paul Raper, M.D., c/o of Westchester Advanced Imaging (“Provider”) on the grounds that the records sought are overbroad. On December 23, 2019, Defendant filed an opposition. On February 27, 2020, Plaintiff filed a reply. Legal Standard CCP section 1987.1 provides in part: If a subpoena req...

Excerpt: ...�) and Foam Factory Inc. (“FF”). On November 9, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”), which alleges eleven causes of action for: (1) fraud; (2) misappropriation of trade secrets; (3) breach of duty of loyalty; (4) breach of fiduciary duty; (5) intentional interference with prospective economic advantage; (6) unlawful business practices; (7) conversion; (8) quantum valebant; (9) violation of Penal Code § 49...

Excerpt: ...Plaintiff to represent the interest of Defendant in a family law matter on December 6, 2011. As of March 2019, Defendant owes $114,089.76 to Plaintiff based on legal services rendered. On October 29, 2019, Defendant demurred to each cause of action. On February 20, 2020, Plaintiff filed an opposition. On February 25, 2020, Defendant filed a reply. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hah...

Excerpt: ...nk LLC (“Avalon”), Senior Resource Group LLC (“SRG”), Trinity Health Services dba Pristine Hospice Care Inc. (“Pristine”), Laila Hanna M.D. (“Hanna”), and Keith Bernabe (“Bernabe”). The Complaint alleges that Falcon was under the care of defendants where he suffered at least twenty separate falls, causing severe injuries. The Complaint states three causes of action for: 1) elder abuse and neglect; 2) willful misconduct; and 3)...

Excerpt: ... (“Sherry”). This action arises out of a dispute concerning the wind up of a joint venture between Plaintiffs and Defendants. The operative First Amended Complaint (“FAC”), alleging six causes of action for: 1) breach of contract; 2) breach of fiduciary duty; 3) dissolution of joint venture; 4) accounting; 5) conversion; and 6) declaratory relief. On June 12, 2019, BNHG and Amit filed a cross complaint against Plaintiffs and Cross- Defend...

Excerpt: ...ong- Beverly Act – Breach of Express Warranty; 2) Violation of Song-Beverly Act – Breach of Implied Warranty; 3) Violation of Song-Beverly Act, section 1793.2; and 4) fraudulent inducement – concealment. The FAC arises from Plaintiff's purchase of a 2015 Nissan Sentra (the “vehicle”) on March 14, 2015. Plaintiffs allege that the vehicle contained or developed various defects, including those related to the transmission. Nissan breached ...

Excerpt: ...icle was delivered with series defects and non-conformities. Defendant was unable to repair the non-conformities after a reasonable number of repair attempts. The Complaint alleges three causes of action for: 1) violation of the Song-Beverly Act – Breach of Express Warranty; 2) violation of the Song-Beverly Act – Breach of Implied Warranty; and 3) violation of the Song-Beverly Act section 1793.2. On October 10, 2018, Defendant answered. On De...

Excerpt: ... TO AMEND. Defendants' Motion to Strike is GRANTED as to Page 8, Lines 3‐5 and 22 of the FAC. Plaintiffs are given 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On January 10, 2017, Lisa Ramirez (“Decedent”) was murdered by Michael Rogers, the boyfriend of tenant Jennifer Tallent, in Tallent's rented unit at the Flower Street Lofts apartment/condo complex owned by Defendant Flower S...

Excerpt: ... out of allegations of sexual harassment by co-workers of Plaintiff's at the deli section he worked in, and Vons's alleged failure to prevent this harassment/discrimination. The Complaint initially stated nine causes of action for: 1) wrongful termination; 2) retaliation; 3) failure to prevent discrimination; 4) harassment; 5) sexual harassment based upon gender; 6) failure to engage in the interactive process; 7) intentional infliction of emotio...

Excerpt: ...lleges seven causes of action for: 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) breach of the implied warranty of habitability; 4) intentional misrepresentation; 5) negligent misrepresentation; 6) constructive eviction; and 7) negligence. The allegations of the Complaint arise out of a lease agreement for a high-end Hancock Park residential property located at 136 Freemont Place, Los Angeles, CA 90005 (t...

Excerpt: ...idual defendants Bantilan and Paul Sichenzia (substituted in as Doe 1) are former supervisors of Kroeger. The Complaint initially stated twelve causes of action related to Labor Code violations and disability discrimination, however only the fifth cause of action for failure to timely produce employee file and payroll documents remains. On November 21, 2017, Defendants removed the action to the Central District of California. Defendants successfu...

Excerpt: ...y of Innovative Dialysis System as a Unit Assistant and alter a receptionist. Due was a doctor treating dialysis patients at the facility. Andrea became uncomfortable with Dua after he began persistently contacting her in 2015. In June 2016, both Andrea and Dua attended a conference in Dallas, Texas. After the conference, Andrea realized that she had missed a bus ride to Corpus Cristi. Dua offered to contact an airline for her and requested to sp...

Excerpt: ...a memorandum of costs seeking $12,767.14 in costs. On November 22, 2019, Plaintiff filed a motion to tax Defendant's memorandum of costs for $1,400.11, reducing costs claimed to $11,367.03. On January 24, 2020, Defendant filed an opposition to the motion to tax costs. On January 27, 2020, Plaintiff filed a reply. Legal Standard In general, the “prevailing party” is entitled as a matter of right to recover costs for suit in any action or proce...

Excerpt: ...vide housing for Defendants for the 2019 Davos Conference in Davos, Switzerland. Plaintiff alleges that Defendants failed to pay all amounts owed under the contract. The Complaint states three causes of action for breach of contract, quantum meruit and unjust enrichment. On December 11, 2019, Defendants filed a motion to transfer the suit to Ventura County. (CCP §§ 397(a), 396b.) On February 4, 2020, Plaintiff filed an opposition. On December 1...

Excerpt: ...ce each acquired as tenants in common in the property located at 1459 E. 121st Street, Los Angeles, CA 90059 (“Property”), until he acquired her interest in 1998. On February 4, 2005, a grant deed conveying the Property from Turner to “Lawrence Nathaniel Turner Revocable Living Trust” was recorded. On August 29, 2006, Turner executed a grant deed to secure a $275,000 loan he received from Wells Fargo. In 2012, Turner invested $119,000 wit...

Excerpt: ...inst Defendants Aspen American Insurance Company (“Aspen”) and Deans and Homer (“D&H”) (collectively “Defendants”). The instant case arises from a written insurance policy contract with respect to real property. On July 4, 2015, a fire occurred on the property resulting in the death on a squatter. Two tenants residing at the property and two squatters made claims for injury and loss of property. A lawsuit ensued entitled Hall et al v....

Excerpt: ...tes five causes of action for 1) breach of contract; 2) fraud; 3) negligent misrepresentation; 4) conversion; 5) promissory estoppel; and 6) unfair business practices. On September 11, 2019, the Court entered default against Hudson M. Shinder, and 2NM. and M. Shinder. On October 25, 2019, the Court entered default against D. Shinder. On October 8, 2019, M. Shinder and 2NM filed the instant motion to vacate default. On January 23, 2020, Plaintiff ...

Excerpt: ... to November 25, 2019. Following mediation, the parties executed a settlement agreement prior to trial. On December 20, 2019, Plaintiff moved for an award of attorney's fees $71,865.58 inclusive of costs. On January 23, 2020, Defendants filed an opposition. On January 28, 2020, 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 m...

Excerpt: ...er (“Sunrise”) filed the instant suit alleging non-payment of medical bills by defendant health insurance carriers. The operative Second Amended Complaint (“SAC”) states two causes of action for quantum meruit and estoppel by Sunrise against Defendants. Due to Defendants' sustained demurrer to the FAC, Maldonado has no stated causes of action. The SAC generally alleges that on December 26, 2016, Sunrise contacted Defendants by telephone, ...