Excerpt: ...plaint (“SAC”) alleges five causes of action for: 1) neglgigent hiring, retention and supervision; 2) intentional infliction of emotional distress; 3) false imprisonment; 4) negligence; and 5) assault. The SAC alleges that Uber and Rasier are the developers of a popular ride share application called Uber App (the “App”). On November 25, 2018, Plaintiff used the app to request a ride to her job. Sayo responded to the request and picked up ...

Excerpt: ...sclassified Rashidi and failed to properly compensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action f...

Excerpt: ...tion against Defendant for 1) breach of contract; 20 breach of the implied covenant of good faith and fair dealing; 3) quantum meruit; and 4) account stated. Plaintiff alleges that it is a parking service company. On August 27, 2012, the County issued a formal Request for Proposals for Parking Facilities Management Services seeking a partner to manage a substantial number of County-owned parking facilities. Classic submitted a competitive bid for...

Excerpt: ...to Plaintiff's requests for production of documents, and interrogatories. On October 12, 2019, Defendant filed an opposition to Plaintiff's interrogatory motions. An untimely opposition was filed by Defendant as to the RDP motion on November 13, 2019. No reply was submitted. As each motion and opposition provides substantively identical positions as the other motion/opposition, the Court set the hearings together and will consider both opposition...

Excerpt: ...Z Shopping Inc. (“WHZ”), East West Bank (“EWB”), Citibank N.A. (“Citibank”), and Bank of America N.A. (“BOA”). Plaintiffs allege that Wang perpetrated a fraud against Plaintiffs in order to obtain a $1.2 million loan from Plaintiffs using Wang's real property located at 2008 North Western Avenue, Los Angeles (the “property”) as collateral. The operative First Amended Complaint (“FAC”) alleges nine causes of action for: 1) ...

Excerpt: ...st Amended Complaint (“FAC”), the operative pleading, alleging eight causes of action: 1) breach of fiduciary duty, 2) breach of covenant of good faith and fair dealing, 3) unfair business practices, 4) deceit, 5) fraud, 6) fraudulent conveyance, 7) civil conspiracy, and 8) violations of Civ. Code sections 1185. This case involves a dispute between siblings, Plaintiff and Defendant Giesel Richmond (“Giesel”), over the property. The FAC al...

Excerpt: ...sate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action for 1) negligent misrepresentation; 2) breach of c...

Excerpt: ...perative Third Amended Complaint alleges five causes of action for: 1) 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 July 3, 2019, the Court granted Defendant's motion to compel the deposition of HTL's PMK Hooman Nissani (“Nissani”). T...

Excerpt: ...nah Singer (“Singer”), Dori Coe (“Coe”), Kelly Hilton (“Hilton”), Joy Salvador (“Salvador”), and Thomas Wilson (“Wilson”). The Complaint alleges that on May 19, 2017, Plaintiff was involved in a collision with Rawlings. Rawlings was insured by defendant Allstate. Rawlings's Allstate policy had $250,000 per person bodily injury liability limits. Plaintiff made an insurance claim, and Allstate determined that Rawlings was at fau...

Excerpt: ...P LLC (“SSC GP”) (“Defendants”) on July 13, 2018. The lodged First Amended Complaint (“FAC”) alleges five causes of action for: 1) elder abuse, 2) negligence, 3) violation of Health & Safety Code § 1430; 4) willful misconduct; and 5) wrongful death. This suit arises from allegations of neglectful care and treatment received by Alberi while residing at Defendants' skilled nursing home. The FAC generally alleges that Defendants failed ...

Excerpt: ...ectively the Board Defendants). Plaintiff brings this suit in his individual and in a derivative capacity under Corp. Code sections 5142, 5710, 7142, and 7710 on behalf of ALPFA against the Board of Directors of ALPFA. Plaintiff also asserts standing under the Private Attorney General Act of 2004 (PAGA). The current First Amended Complaint alleges 18 causes of action for 1) wrongful termination; 2) retaliation; 3) breach of contract; 4) waiting t...

Excerpt: ... FEHA; (2) gender harassment in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) retaliation for exercising right afforded an employee (Lab. Code § 98.6); (6) retaliation for whistleblowing (Lab. Code § 1106.6 et seq.); (7) defamation/slander; and (8) intentional infliction of emotional distress. The SAC also named The Guidance Charter School Foundation Inc., Abdul Wahab Omeira, Ji...

Excerpt: ... with the owner of certain real property located at 1111 S. Fair Oaks Ave., Pasadena CA 91105 (the “property”). Petitioner was to be the general contractor on for the completion of a scope of work in renovating a hospital building. On June 1, 2018, Petitioner subcontracted with Respondent to perform framing work for $129,000.00 as an independent contractor. Respondent failed to follow the approved plans, causing additional costs to the projec...

Excerpt: ...erative Third Amended Complaint alleges five causes of action for: 1) 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 July 3, 2019, the Court granted Defendant's motion to compel the deposition of HTL's PMK Hooman Nissani (“Nissani”). Th...

Excerpt: ... County. Defendant filed the instant motion for transfer on September 6, 2019. On October 15, 2019, Plaintiff filed an opposition. On October 23, 2019, Defendant filed a reply. Wrong Court Transfer “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.) Plaintiff's choice of venue is presumptively correct, and Defendant bears th...

Excerpt: ...west LLC (collectively, “Shurwest”), CMAM Inc. dba Heritage Financial Services (“CMAM”), Albert Andrew Manfre (“A. Manfre”), Jeanette Manfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Plai...

Excerpt: ...ities Director and replaced her with younger, less experienced and credentialed individuals. She alleges that this was done on the basis of her gender, age, and familial status. She alleges that she was eventually pushed into a less prestigious teaching position. The Complaint alleges six causes of action for: 1) gender discrimination; 2) failure to prevent discrimination - gender; 3) retaliation; 4) hostile work environment – gender; 5) intent...

Excerpt: ...he County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per commenced this action against Defendants on February 14, 2017. On July 24, 2017, Plaintiff, represented by counsel, filed th...

Excerpt: ...t against Defendant Sohan Dua (“Dua”). The Complaint alleges that Andrea was employed at the Kidney Care Center of the North Valley of Innovative Dialysis System as a Unit Assistant and also a receptionist. Dua 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 confe...

Excerpt: ...efendant Ford Motor Company. On September 27, 2019, Plaintiff filed motions to compel verifications to discovery responses from Defendant as to the first sets of 1) form interrogatories, 2) special interrogatories, 3) requests for production of documents and 4) requests for admissions. On October 10, 2019, Defendant filed an opposition. On October 17, 2019, Plaintiff filed a reply. At the outset, the Court notes that this motion is four motions i...

Excerpt: ... (“Tunno”) (collectively “Defendants”). Plaintiff began her employment with KDW on April 19, 2006. KDW gave male porters preferential treatment over Plaintiff, the only female porter. KDW supervisors would give demeaning tasks to Plaintiff and made sexist comments towards her. Plaintiff alleges she was terminated by KDW on July 20, 2017, based on her sex and in retaliation for exercising rest break rights. The operative First Amended Comp...

Excerpt: ...te clerk. In November 2016, Plaintiff was diagnosed with bipolar disorder. Despite knowing of this condition, the County failed to make reasonable accommodations for Plaintiff or engage in the interactive process in good faith. Plaintiff was subject to adverse employment actions because of her disability. The operative First Amended Complaint (“FAC”) alleges three causes of action for: 1) disability discrimination in violation of FEHA; 2) fai...

Excerpt: ... Brothers Enterprises Inc. (“MBE”) as joint employers/alter egos. The FAC states fourteen causes of action for: 1) harassment; 2) discrimination; 3) associational discrimination; 4) retaliation; 5) failure to prevent harassment, discrimination and/or retaliation; 6) Lab. Code § 1102.5; adverse action in violation of public policy; 8) Lab. Code §§ 201 & 203; 9) Lab. Code §§ 226.7 & 512; 10) Lab. Code §§ 510, 511 & 1194; 11) Lab. Code §...

Excerpt: ...collectively “Defendants”). Plaintiffs filed the First Amended Complaint (“FAC”), the operative pleading, on July 16, 2018. The FAC alleges three causes of action for 1) wrongful death, 2) negligent infliction of emotional distress; and 3) “surviver” [sic] cause of action. The Court previously sustained Defendants' demurrers to the second cause of action. The FAC arises from the alleged negligent treatment of Katie Chung (“Decedent�...

Excerpt: ...nald Jasso (“Jasso”), Eric Jaeger (“Jaeger”), Daniel Klimek (“Klimek”), Eva Mejia (“Mejia”), Michael Miller (“Miller”), Daria Morena (“Morena”), Jose Ochoa (“Ochoa”), Vincent Poy (“Poy”), Mark Real (“Real”), Paris Taylor (“Taylor”), and Ryan Venegas (“Venegas”) (collectively, “Plaintiffs”) brought the instant employment action against their former employer, Weber Distribution LLC (“WD”), and a s...

Excerpt: ...e to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process; 6) declaratory judgment; 7) wrongful termination; 8) failure to pay wages; 9) failure to pay overtime; 10) failure to provide itemized age statements; 11) waiting time penalties; 12) Private Attorney General Act; and 13) failure to permit inspection of personnel and payroll records. The FAC alleges ...

Excerpt: ...inst Defendants Caravan Ltd. (“Caravan”) and Ben Katz (“Katz”) (collectively Defendants). The operative First Amended Complaint alleges five causes of action for: 1) Breach of Statutory Warranty; 2) Negligent Misrepresentation; 3) Fraudulent Concealment/Non-Disclosure; 4) Intentional Misrepresentation; and 5) Fraud. The FAC alleges that in May 2015, LGB purchased 16,000 yards of fabric with a black and white design, designated as Style No...

Excerpt: ...erative Second Amended Complaint (“SAC”) alleges two causes of action for 1) common counts; and 2) declaratory relief. The SAC alleges that on Plaintiff is a towing and rescue company. On December 17, 2017, California Highway Patrol ("CHP") requested Plaintiff to rescue a truck owned and operated by Solares, a trailer owned by American Intermodal Management, and container containing goods owned by Ginegar from a ravine off Highway 154. Sesma,...

Excerpt: ...ent deceit; 2) breach of contract; 3) fraud/intentional misrepresentation; and 4) breach of fiduciary duty. The Complaint allege that Plaintiffs purchased a life insurance policy from Wang in October 2016. Wang was not a licensed agent at the time she sold the policies, but quickly became an agent for NLG, working under her broker Guo. Wang also held herself out as an agent for PFA as an insurance agent. Defendants approved Plaintiff's life insur...

Excerpt: ... and failed to properly compensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action for 1) negligent mis...

Excerpt: ... agreed to pay $13,191,457 for the clothing. Defendants filed to pay Plaintiff. The operative Complaint alleges eight causes of action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing; 3) conversion; 4) unfair business practices; 5) intentional interference with prospective economic advantage; 6) negligence interference with prospective economic advantage; 7) intentional interference with contract; and ...

Excerpt: ...e Complaint alleges ten causes of action for: 1) fraud; 2) conversion; 3) Pen. Code § 496; 4) fraudulent transfer; 5) conspiracy; 6) violation of Bus. & Prof. Code section 17200 et seq.; 7) money had and received; 8) constructive trust; 9) accounting; and 10) unjust enrichment. Generally, the Complaint alleges that Ferdinand embezzled over $5 million from Plaintiff for his own and his co-defendants benefit. On June 24, 2019, Ferdinand move for a...

Excerpt: ...efendants Best, Best & Krieger LLP (“BBK”) and Grover Trask (“Trask”) (collectively “Defendants”) on October 15, 2018. The operative Second Amended Complaint (“SAC”) alleges two causes of action for professional negligence and a newly added claim of negligent misrepresentation. The dispute arises out of BBK's allegedly negligent evaluation of the legal risks associated with a for-profit business plan (the “shoplifter deterrence�...

Excerpt: ...lection Ltd. (“RCL”), RDP Inc. (“RDP”), and Dominium Management Corp. (“DMC”) (collectively “Defendants”). The Complaint alleges a single cause of action for tortious interference with prospective economic advantage. The Complaint alleges that Plaintiffs operate aplastic surgery practice in a building owned and operated by Defendants located at 421 North Rodeo Dr. Beverly Hills CA (the “Premises”) under a sublease with a tenan...

Excerpt: ...ant motion for the Court to approve the consent judgment agreed to by the parties. No opposition was submitted. Defendant filed an answer on September 3, 2019. Legal Standard Health & Safety Code § 25249.7(f)(4) provides, “[i]f there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from...

Excerpt: ...eges that on March 27, 2012, Plaintiff purchased a pre-owned 2009 Mercedes- Benz C300 (the “vehicle”) from Defendant, an auto dealer. In April 2016, the vehicle needed to be serviced by Defendant when the SRS control unit/airbag module needed to be replaced and reprogrammed. In May 2016, Plaintiff received a letter from Mercedes-Benz USA, LLC, informing her that a defect related to safety exists. In August 2016, she received a second letter i...

Excerpt: ...on September 17, 2019. Relevant to this motion is the following procedural history. On October 11, 2018, Plaintiff's former counsel JT Legal Group APC filed a motion to be relieved as counsel. This motion was heard and granted on November 9, 2018. Plaintiff remained in pro per from that date until a substitution of attorney was filed on August 26, 2019 by Plaintiff's current counsel. <0044004800b60056000300 004400510057005600b4[) filed two motion...

Excerpt: ...litigation over the control of Eden Hill, a non-profit religious organization. On December 5, 2018, the Court sustained Defendants' demurrer to the FAC as to the first and second causes of action with leave to amend and overruled it as to the third. On December 21, 2018, Plaintiffs filed a Second Amended Complaint (“SAC”), alleging 1) legal malpractice by Eden Hill against Kim and the Firm; 2) breach of fiduciary duty by Eden Hill against Kim...

Excerpt: ..., Employment Tax Servicing Corporation dba Emptech, and Employment Tax Specialists Inc., dba Emptech). The operative First Amended Complaint alleges five causes of action for 1) retaliation; 2) associational disability discrimination; 3) failure to prevent discrimination and retaliation; 4) wrongful termination in violation of public policy; and 5) retaliation. The FAC alleges that Plaintiff was a management-level employee with Emptech, as Emptec...

Excerpt: ...ironment sexual harassment; 3) failure to prevent and correct discrimination, harassment, and retaliation, 4) retaliation; 5) violation of Title IX, 6) violation of Equity in High Education Act; 7) gender violence; 8) sexual harassment; negligence; 10) intentional infliction of emotional distress; and 11) battery. On December 1, 2017, USC filed a notice of removal to federal court. During litigation, Plaintiff settled with USC, but her claims aga...

Excerpt: ...orney's fees and costs for the litigation in the amount of $12,565.20. Plaintiff filed the instant motion on January 4, 2019. An opposition and reply were filed. 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....

Excerpt: ...e in prison by two correctional officers. Defendant California Department of Corrections and Rehabilitation (erroneously sued as SAC and Norco) (“the State” or “Defendant”) filed the instant motion for transfer on November 8, 2018. Defendant requests that the Court transfer this case to Sacramento County. No opposition was filed. Legal Standard “Venue is determined based on the complaint on file at the time the motion to change venue is...

Excerpt: ...ectly identify the appropriate corporate entity, CVS RX Services, Inc., who then answered the FAC on December 15, 2016. Trial is currently set for June 18, 2019. Defendants request that this Court issue an order (1) continuing the trial date by no less than 166 days, or in the alternative, to another date convenient for the Court more than 166 days after the current trial date; and (2) continuing all related motion and pre-trial deadlines accordi...

Excerpt: ...nation, harassment and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process, 6) wrongful termination in violation of public policy; 7) declaratory judgment; 8) failure to pay wages; 9) failure to provide meal and rest periods; 10) failure to provide itemized wage and hour statements; 11) waiting time penalties; 12) unfair competition; and 13) conversion. On September 24, 2018, SGT fi...

Excerpt: ...and OVERRULED as to the remainder of the causes. <0048004b0003000b00b300 005d004400470048004b[”), Helios Dayspring (“Dayspring”), and Emanuel Separzadeh (“E. Separzadeh”) (collectively “Plaintiffs”) filed the instant action against Defendants Winslow & Shoomaker LLC (“Winslow”), BKIP LLC (“BKIP”), Alvin Joiner (“Joiner”), David Aguilar (“Aguilar”), Mike Healy, (“Healy”) Ryan Rezaie (“Rezaie”), Andre R. Young ...

Excerpt: ...004b[is action against the City seeking a declaration from the Court that certain signage erected by Plaintiff at 8075 W. Third Street, Los Angeles, California (“Property”), and future signage, are “on-site” signs as defined by the Los Angeles Municipal Code (“LAMC”) and an injunction restraining from enforcing and threatening to enforce the sign ordinance in a discriminatory and arbitrary fashion against Plaintiff. On April 26, 2018,...

Excerpt: ... 4, 2018, Defendants filed an answer. On November 19, 2018, Plaintiff filed an ex parte requesting an Informal Discovery Conference, which was denied. On November 26, 2018, Plaintiff filed the instant motion to compel the deposition of Little Jewel's PMK, Beniger, and Kang and a request for sanctions in the total amount of $5,440.00. On December 28, 2018, Defendants filed an opposition. Legal Standard Service of a proper deposition notice obligat...

Excerpt: ...GA Capital Manager, LLC, AGA Cayman Master Fund Limited, AGA Capital X, LLC, AGA Holdings Corp. Inc., Mainspring Capital Management, LLC, Allen Chi (“Chi”), Alberto Tovar (“Tovar”), Ruth Chen (“Chen”), and Wandi Geng (“Geng”) (collectively “Defendants”). On September 21, 2018, the Court sustained Defendants' demurrer to the Complaint, and granted leave for Plaintiff to properly allege damages and certain statutory violations. ...

Excerpt: ... Plaintiff filed the First Amended Complaint (“FAC”), alleging three causes of action for: <0016000c00030051004800 0011[ Plaintiff alleges Ercilla, an employee of the Block Defendants, provided financial advice to Plaintiff and gained his trust. The Block Defendants represented Ercilla as a certified public accountant (“CPA”). Ercilla gained access to Plaintiff's checkbooks and convinced Plaintiff to add him as a joint account holder. Erc...

Excerpt: ... pending, Plaintiffs timely filed a first amended complaint (“FAC”) alleging the same two causes of action. On May 14, 2018, the Court sustained Hanmi's demurrer to each cause of action with leave to amend. The Court advised Plaintiffs that this would be the last opportunity to amend. On June 4, 2018, Plaintiffs filed the operative second amended complaint (“SAC”) alleging the same two causes of action: violation of Civil Code §§ 51(b) ...