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: ...lers. Defendants agreed to pay $13,191,457 for the clothing. Defendants filed to pay Plaintiff. The operative First Amended Complaint (“FAC”) 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) in...

Excerpt: ...g at trial. On January 15, 2020, Defendant filed an opposition. On January 23, 2020, Plaintiff filed a reply. Discussion There are several notice issues that must be addressed. Defendant contends that the instant motion was improperly noticed against it. Plaintiff contends that it properly noticed the instant motion against Mercedes-Benz of Arcadia ("MBA"), the dealership. Of course, both parties are incorrect. The relevant parties that should ha...

Excerpt: ...ntiff filed an opposition. On January 22, 2020, Defendant filed a reply. Legal Standard CCP section 598 allows the court to order the trial of any issue before all other issues in a case where doing so would promote convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation. Motions to bifurcate must be noticed and set for hearing so that an order for bifurcation is obtained no later than 30 days befor...

Excerpt: ...after, the parties agreed to attend mediation On December 31, 2019, Plaintiff filed the instant motion to approve the PAGA settlement. No opposition was submitted. 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 h...

Excerpt: ...ion Of Civil Code, §1942.4; (6) Breach Of Contract; (7) Breach Of Implied Warranty Of Habitability; (8) Nuisance; (9) Negligence; (10) Violation of Civ. Code § 789, et seq.; (11) IIED; and (12) Constructive Eviction. As of April 15, 2018, Bobbitt was self-represented. The Court struck Bobbitt's answer after his failure to appear on October 25, 2018. On April 25, 2019, the Court entered default against Defendant. On October 2, 2019, Defendant ap...

Excerpt: ...ion under FEHA and violations of various Labor Code provisions. Defendant answered on July 17, 2018. A settlement was reached in this action at a private mediation on November 4, 2019. On December 4, 2019, Plaintiff moved for attorneys' fees pursuant to the settlement agreement in the amount of $157,137.80 and costs in the $3,110.30. On January 14, 2020 Defendant filed an opposition. On January 15, 2020, Defendant filed a reply. Legal Standard Wi...

Excerpt: ...ght in Defendants Marquez Brothers International Inc. (“MBI”) and Marquez 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...

Excerpt: ...D”), Los Angeles District Attorneys' Office (“LADA”), the County of Los Angeles (the “County”), and the City of Los Angeles (the “City”). On July 29, 2019, Plaintiff filed his First Amended Complaint (“FAC”) alleging that Defendants conspired to wrongfully convict him of a 1981 murder. The complaint sets forth several “claims” and “causes of action. The Complaint asserts four claims of: 1) conspiracy; 2) abuse of process; ...

Excerpt: ...ur causes of action for: 1) land partition by sale; 2) accounting; 3) money had and received; and 4) conversion. The Complaint relates to real property commonly known as 2991 E. 46 th St., Vernon, CA 90058 (the “property”), which is co-owned by Yang and Hyun. The property is a commercial warehouse facility, which the parties leased out to third parties. The Complaint alleges that Yang and Hyun acquired the property in July 2000, and both own ...

Excerpt: ...mized wage statements, failure to permit inspection of personnel and payroll records, waiting time penalties, and unfair competition under the California Business and Professions Code. On September 26, 2018, Plaintiff amended her complaint to substitute Doe 1 for Ana Maria Leyva. The Parties reached a settlement on July 8, 2019. The parties stipulated to settlement on the record before this Court. The Court retained jurisdiction pursuant to CCP s...

Excerpt: ...st Amended Complaint (“FAC”) states six causes of action for: 1) negligence; 2) strict liability – failure to warn; 3) strict liability – design defect; 4) fraudulent concealment; 5) breach of implied warranties; and 6) loss of consortium. The FAC was initially brought against Defendant United Fabricare Supply Inc. Several doe amendments were made during the course of litigation, including against Defendants Axiall Corporation (“Axiall�...

Excerpt: ...ct Attorneys' Office (“LADA”), the County of Los Angeles (the “County”), and the City of Los Angeles (the “City”). Plaintiff alleges that Defendants conspired to wrongfully convict him of a 1981 murder. The complaint sets forth several “claims” and “causes of action. The Complaint asserts four claims of: 1) conspiracy; 2) abuse of process; 3) conspiracy; and 4) continuing violation doctrine. The Complaint asserts those four caus...

Excerpt: ...gh School Mark Sims (“Sims”) removed Plaintiff from her position as Athletic Director/Activities 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 pre...

Excerpt: ... Haroutun Harry Hovanesian (collectively “Defendants”). The complaint alleges eight causes of action for (1) violation of rest period, labor code § 226.7, (2) violation of meal period, labor code §§ 226.7, 512, (3) violation of wage and hour laws for unpaid overtime wages, (4) violation of wage and hour laws for waiting time penalties, (5) failure to pay wages, (6) failure to provide accurate wage statements and failure to keep records, (7...

Excerpt: ...under the California Family Rights Act (“CFRA”) and Family and Medical Leave Act (“FMLA”). In the operative First Amended Complaint (“FAC”), Plaintiff alleges six causes of action for: (1) Fair Employment and Housing Act (”FEHA”) Failure to Provide Reasonable Accommodation; (2) FEHA Failure to Engage in the interactive process; (3) CFRA Retaliation; (4) FMLA Retaliation and Interference; (5) FEHA Disability Discrimination; and (6)...

Excerpt: ... Complaint states five causes of action for: 1) conversion; 2) breach of fiduciary duty; 3) misappropriation of employer property; 4) breach of confidentiality; and 5) breach of duty of loyalty. On December 16, 2019, Plaintiff filed a motion for monetary sanctions against Defendant, Defendant's counsel of record Shegerian & Assoc. Inc. (“SAI”), and Defendant's previous counsel of record Neal-Lopez Law Group PC (“NLLG”). Plaintiff requests...

Excerpt: ... Cho, Yong Won Cho, Terry Tae Young Cho, and Edward Cho (“Defendants”). The Complaint states twelve causes of action for: 1) Breach of Implied Warranty of Habitability; Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing; 4) Negligence; 5) Negligence Per Se; 6) Premises Liability; 7) Negligent Infliction of Emotional Distress; 8) Intentional Infliction of Emotional Distress; 9) Negligent Misrepresentation; 10) Intentional Mi...

Excerpt: ...rchased several cars and used his expertise in repairs to rebuild car engines during that time. Plaintiff worked thousands of hours on vehicles for Defendant. In August 2017, the parties had a falling out. Plaintiff had stored several of his vehicles at Defendant's house, including the five subject vehicles. Defendant refused to return the vehicles to Plaintiff. Instead, Defendant unlawfully converted the five vehicles. On October 12, 2017, Plain...

Excerpt: ...submitted two doe amendments, naming Defendant Samson Bagmanyan (“Bagmanyan”) as doe “Sam” and Defendant Jin B. Mustafa (“Mustafa”) as doe “John Doe.” The operative First Amended Complaint (“FAC”) alleges four causes of action for: 1) negligence; 2) negligent hiring, supervision, and retention; 3) battery; and 4) elder abuse The FAC alleges that on November 16, 2016, Plaintiff was working as a security guard at the shopping pl...

Excerpt: ...ctively 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 ti...

Excerpt: ...ion to compel arbitration is GRANTED. The case is STAYED pending resolution of the arbitration. On June 19, 2019, Plaintiff Emma Angelica McKinnon filed the instant suit against Defendants Minnesota Life Insurance Company (“MLIC”), Shurwest Holding Company, Shurwest LLC (collectively, “Shurwest”), CMAM Inc. dba Heritage Financial Services (“CMAM” or “Heritage”), Albert Andrew Manfre (“A. Manfre”), Jeanette Manfre (“J. Manfre...

Excerpt: ...Turner”) alleges in the operative fourth 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 gra...

Excerpt: ...�Trustee”), and Eric Anvari (“Anvari”) (collectively “Plaintiffs”) are limited partners of Mazkat, whose aggregate ownership interest is 29.85%. Mazkat's sole asset is a limited liability company, Defendant American Logistics International (“ALI”). Defendants Alireza Mahdavi (“Mahdavi”), Ramin Bagherzadeh (“Bagherzadeh”), Amirali Jandaghi (“Jandaghi”), and Mohammad K. Tehranirad (“Tehranirad”) are the remaining limit...

Excerpt: ... The First Amended Complaint (“FAC”) states three causes of action against Maziar for 1) breach of fiduciary duties; 2) breach of contract; and 3) accounting. On April 29, 2019, Maziar filed a cross-complaint against Cross-Defendant Penn Arthur (“Arthur”), the other founder of Inhance, and Ari Kaplan (“Kaplan”), a former officer and shareholder. The operative Cross-Complaint (“CC”) states 13 causes of action, including fraud, brea...