Excerpt: ...ion agreement on July 1, 2020 by using certain information and contacts gained during their employment with Plaintiff to conduct a similar, competing business. On October 2, 2020, Defendants filed substantive identical demurrers to the FAC. On January 14, 2021, Plaintiff filed oppositions. On January 25, 2021, Defendants filed replies. The Court notes that the hearing on Bernt's demurrer is set for hearing tomorrow, February 2, 2021. Due to the s...

Excerpt: ...of action for: 1) disability discrimination; 2) wrongful termination; 3) retaliation; 4) battery; 5) intentional infliction of emotional distress; 6) failure to take necessary steps to prevent harassment and discrimination; 7) failure to engage in the interactive process; and 8) failure to provide reasonable accommodations. On May 2, 2018, Defendants answered. Plaintiff alleges she is an African American who worked with Defendants as a full-time ...

Excerpt: ...greement for the distribution and supply of bulk cheese at certain rates. From October 2018 through February 2020, Defendant failed to pay invoices totaling $761,862.41 for products delivered by Plaintiff to Defendant's business. Defendants remitted partial payments but did not satisfy the open invoices. In January 2020, Defendants remitted a check for $310,908.63, causing Plaintiffs to ship additional product. However, after the products shipped...

Excerpt: ...FEHA; 4) failure to prevent retaliation in violation of FEHA; and 5) violation of Lab. Code § 2698 et seq. The SAC alleges that Plaintiff began working at CalTech as a contractor in 2001, and officially hired in December 2008. In June 2016, Plaintiff accepted a staff assistant position, reporting to Young. In 2017, Young began sexually harassing Plaintiff by inviting her out to drinks. Plaintiff rejected the advances and complained to CalTech's ...

Excerpt: ...es of action for: 1) retaliation in violation of FEHA; 2) failure to provide personnel records in violation of Lab. Code 1198.5; 3) intentional infliction of emotional distress; and 4) failure to reimburse business expenses. The SAC alleges that Chan was hired by Sudotouch in August 2016. Between August 2016 and December 2018, she intermittently worked as a contractor and employee. In January 2019, Flanders, as CEO, brought her on full-time as a ...

Excerpt: ...ended Complaint (“SAC") states five causes of action for: 1) violation of Lab. Code § 1102.5; 2) violation of Lab. Code § 6310; 3) retaliation in violation of FEHA; 4) failure to prevent retaliation in violation of FEHA; and 5) violation of Lab. Code § 2698 et seq. The SAC alleges that Plaintiff began working at CalTech as a contractor in 2001, and officially hired in December 2008. In June 2016, Plaintiff accepted a staff assistant position...

Excerpt: ... individually; and Maria D. Hernandez (“Maria D.”), individually, (collectively “Plaintiffs”) brought the instant Elder Abuse suit against Defendants Tarzana Health and Rehabilitation Center, SSC Tarzana Operating Company LP, SSC Tarzana Operating GP LLC, SSC Tarzana Management Company LP (collectively “Tarzana”), Northridge Hospital Medical Center (“NHMC”), Northridge Hospital Foundation, Dignity Health, the Los Angeles Jewish Ho...

Excerpt: ...harmaceuticals, Inc.; Healthsmart Pacific Inc; Ronald Reagan UCLA Medical Center; Ronald Reagan UCLA Hospital; Santa Monica-UCLA Medical Center and Orthopaedic Hospital; the Regents University Of California Health Sciences & Services; UC Regent Division Of Medicine/Hematology/Oncology; Jonsson Comprehensive Cancer Center; Trio Group; Trio-USA; Dennis Slamon, Md; John Glaspy, MD; and Madeline Kuiper, NP.The Complaint alleges that Defendants are me...

Excerpt: ...nd 3) common counts – money had and received. The Complaint alleges that BII and Kim entered into a written independent contractor agreement wherein BII would be a real estate broker and Kim would be an associate-licensee (i.e. a real estate agent). On November 13, 2017, third-party Dewey Properties LLC filed a suit against BII and Kim regarding the sale and purchase of property located at 1057 S. Dewey Ave., Los Angeles (the “Property”). A...

Excerpt: ...nd 3) common counts – money had and received. The Complaint alleges that BII and Kim entered into a written independent contractor agreement wherein BII would be a real estate broker and Kim would be an associate-licensee (i.e. a real estate agent). On November 13, 2017, third-party Dewey Properties LLC filed a suit against BII and Kim regarding the sale and purchase of property located at 1057 S. Dewey Ave., Los Angeles (the “Property”). A...

Excerpt: ... $134,388.70. The judgment was later amended, pursuant to Stipulation, on August 22, 2019 in the amount of $286,000.00, and renewed on April 10, 2020 in the amount of $274,138.48, inclusive of accrued interest, Court approved attorneys' fees and costs, and credit for payments made to date. On December 16, 2020, Plaintiff filed the instant motion for an Order Charging Defendant/Judgment Debtor's Membership Interest in 101 Studios, LLC, a Delaware ...

Excerpt: ...Fernando Ripley. Decedent entered into a certain intervivos trust in 2006. Pursuant to the trust, upon the death of Decedent, all of residue of the trust estate shall be distributed to the then living grandchildren of Decedent, namely Plaintiffs Sofia, Christina, Cameron and Madeline. Preceding his death, Decedent was in poor health, an excessive drinker, and had memory difficulties. In 2018, while acting as his caregiver, Defendant unduly influe...

Excerpt: ...mber 2, 2020, Defendant filed two demurrers to the respective complaints. On December 4, 2020, Plaintiff filed oppositions. On January 6, 2021, Defendant filed replies. 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...

Excerpt: ...that Defendant failed to continually assess and monitor Decedent for skin breakdown and changes in her health condition, failed to keep her clean and dry, failed to change her diaper in a timely manner, and failed to turn and reposition her every two hours. Decedent allegedly developed an infected Stage IV bedsore to her buttocks and other pressure wounds to her ischium due to this neglect. The Complaint states four causes of action for: 1) elder...

Excerpt: ...mber 2, 2020, Defendant filed two demurrers to the respective complaints. On December 4, 2020, Plaintiff filed oppositions. On January 6, 2021, Defendant filed replies. 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...

Excerpt: ...or: 1. Employment Discrimination in Violation of FEHA (Gov. Code §12940(a)); 2. Failure to Accommodate in Violation of FEHA (Gov. Code §12940(m)); 3. Failure to Engage in a Timely & Good Faith Interactive Process in Violation of FEHA (Gov. Code §12940(n)); 4. Harassment in Violation of FEHA (Gov. Code §12940(j)); 5. Retaliation in Violation of FEHA (Gov. Code §12940(h); 6. Failure to Prevent/Remedy Discrimination, Harassment and/or Retaliati...

Excerpt: ...; Phariviacyclics LLC; Janssen Pharmaceuticals, Inc.; Healthsmart Pacific Inc; Ronald Reagan UCLA Medical Center; Ronald Reagan UCLA Hospital; Santa Monica- UCLA Medical Center and Orthopaedic hospital; The Regents University of California Health Sciences & Services; UC Regent Division of Medicine/Hematology/Oncology; Jonsson Comprehensive Cancer Center; Trio Group; Trio-USA; Dennis Slamon, MD; John Glaspy, MD; Madeline Kuiper, NP, and does 1-100...

Excerpt: ...by Defendants from June 2017 to October 2019, where he managed the business website and customer service. During his employment, Defendants made promises to Plaintiff, including promotions, pay increases, and benefits. Defendants allegedly never intended to follow through on these promises. These promises induced Plaintiff's continued employment and his relocation from his then current residence in Los Angeles County to Orange County. Defendants ...

Excerpt: ...ch of contract, negligence, violations of Bus. & Prof. Code §§ 7108 and 7109, conversion, and unjust enrichment. The Complaint alleges that Plaintiff hired Defendants to provide certain services regarding work on sub-grade basement and foundation for two single-family residences. Plaintiff alleges that Defendants failed to perform the work adequately, resulting in construction flaws and defects. On May 29, 2020, Hudson was dismissed. On Septemb...

Excerpt: ... counsel Defendants Bryan Cave LLP, Bryan Cave Leighton Paisner LLP, Hall Mark Mersel, Richard Ochoa, Rosario Vizzie, and Alfred Shaumyan. The operative Complaint alleges that Defendants negligently represented Plaintiffs in a dispute with GeoSoils Inc. regarding Gran Plaza Outlets in Calexico, CA. The Complaint states a single cause of action for professional negligence. On November 30, 2020, the Court denied Defendants' motion to quash service ...

Excerpt: ... III Inc. (collectively “Ash Hop”), and Norwalk 939 Properties, Inc. (“Norwalk 939”). The Complaint alleges that Plaintiff was employed by Defendants as a server and assistant manager at various locations owned/operated by Defendants. Defendants allegedly failed to provide for proper meal periods and engaged in the practice of “time shaving” such that the aggrieved employees were not paid for all hours worked. On October 26, 2020, CFM...

Excerpt: ... duplex located at 4238 9 th Ave., Los Angeles, CA for $450,000.00. The parties agreed that Plaintiff would make repairs to the property and those costs would be credit on the purchase price. Plaintiff would move into the bottom unit immediately and Defendant would remain on the property until the sale closed. The purchase period was until Defendant concluded her business in Los Angeles. Defendant allegedly breached the contract by listing the du...

Excerpt: ...l”), Micha Lewis (“Micha”), Qiiwan Cotton (“Cotton”), and Rushen Williams (“Williams”) (collectively, “Plaintiffs”) filed the instant negligence action against Defendants Housing Authority of the City of Los Angeles (“HACLA”), the City of Los Angeles (the “City”), Douglas Guthrie (“Guthrie”), Sanford Riggs (“Riggs”), Martin Perry (“Perry”), and Robert Ayala (“Ayala”). The operative First Amended Complaint...

Excerpt: ...ng she was pregnant and needed accommodations. The Complaint states five causes of action for: 1) disability discrimination; 2) failure to accommodate; 3) failure to engage in the interactive process; 4) failure to prevent discrimination; and 5) harassment. On September 3, 2020, Horizon filed a motion to compel arbitration. On October 20, 2020, Plaintiff filed an opposition. On October 26, 2020, Horizon filed a reply. Legal Standard Under Califor...

Excerpt: ...e § 2699. Plaintiff's PAGA action is based upon Defendant's violation of Labor Code sections 200, 201, 202, 203, 226, 226.7, 510, 512, 1174, 1194, 1194.2, 1197, and 2802. The statutory period corresponds to one year prior to the date Plaintiff filed her LWDA notice, January 30, 2018, to the present. On October 26, 2020, Proposed Intervenor Amanda Bernal (“Bernal”) filed the instant motion for leave to intervene in this action. Bernal filed a...

Excerpt: ...tes eight causes of action for: 1) breach of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) intentional interference with prospective economic relationships; 4) negligent interference with prospective economic relations; 5) breach of fiduciary duty; 6) negligence; 7) extortion; and 8) violation of Bus. & Prof. Code section 17200. The FAC alleges that Premier is a physician owned and operated company in the business...

Excerpt: ...ujunga, California 91042 (the “Property”). The operative Complaint alleges six causes of action for: 1) trespass; 2) quiet title; 3) fraud; 4) cancellation of deed; 5) cancellation of deed; and 6) professional negligence. This case arises from a dispute over the Property. In 2011, the Superior Court granted a judgment of dissolution of marriage regarding Decedent and Henderson's marriage. As a part of that judgment, the Property was deemed th...

Excerpt: ...s a newspaper of general circulation. On October 14, 2020, BHW filed an opposition. On October 21, 2020, Petitioner filed a reply as to BHW and notice of non-opposition as to BHC. On that same date, BHC filed a joinder to the opposition. On November 16, 2020, Petitioner filed a new Proof of Publication. On November 25, 2020, Contestants filed supplemental oppositions. Legal Standard A proceeding to adjudicate that a newspaper is a newspaper of ge...

Excerpt: ... discrimination; 8) failure to accommodate; and 9) failure to engage in an interactive process. The Complaint alleges that Plaintiff is a 54-year-old African American woman who was an employee of Defendant Allstate Insurance Company. Throughout her employment, Plaintiff was given under-rated performance reviews to prevent her from getting raises. Plaintiff also experienced harassment from Gregory Bliefer, in the form of a strange photograph appea...

Excerpt: ...2020, the Court issued a Case Management Order (“CMO”), which, in part, made certain orders regarding discovery and document production. Relevantly, the Court ordered both parties to provide copies of certain documents in their control within 30 days. On October 2, 2020, Plaintiff filed the instant motion for sanctions for failure to comply with the CMO. On October 22, 2020, KMA filed an opposition. On October 27, 2020, Plaintiff filed a repl...

Excerpt: ...ntional interference with contractual relations; 4) misappropriation of trade secrets; 5) intentional interference with prospective economic relations; and 6) negligent interreference with prospective economic relations. The Complaint alleges that following the outbreak of COVID-19, personal protection equipment (“PPE”) became essential for the health and welfare of businesses and the safety of their employees and customers. Plaintiffs sought...

Excerpt: ...f action: (1) violation of Penal Code § 496; (2) conversion; (3) specific recovery of personal property (replevin); (4) violation of Unfair Business Law; and (5) common counts. On May 10, 2018, SAG filed an answer to the complaint and a cross -complaint against Plaintiff for indemnity, contribution and declaratory relief. Plaintiff/Cross-Defendant filed an answer to the cross -complaint on June 13, 2018. On October 20, 2020, Plaintiff filed a mo...

Excerpt: ...ctive fraud; 5) intentional infliction of emotional distress; 6) negligence; 7) negligent misrepresentation; and 8) negligent hiring and supervision. The FAC alleges Plaintiffs owned and operated a restaurant called ‘Mike's Original Diner' (the “Diner”). On October 11, 2017, Harutunian contracted with Link to sell the Diner through their broker, Moazez. Moazez located a “Scam Buyer” to purchase the Diner. Defendants negotiated for the b...

Excerpt: ...ns of dollars. The SAC brings twenty-seven causes of action, including various counts of conspiracy to defraud, fraud, securities fraud, conversion, fraudulent conveyance, breach of fiduciary duty, breach of written contract, elder abuse, professional negligence, and accounting. The instant hearing regards two related demurrers to the SAC. The Court will consider them together given the legal and factual overlap. On June 12, 2020, Montecito Finan...

Excerpt: ...tentional interference with prospective economic relationships; 4) negligent interference with prospective economic relations; 5) breach of fiduciary duty; 6) negligence; 7) extortion; and 8) violation of Bus. & Prof. Code section 17200. The FAC alleges that Premier is a physician owned and operated company in the business of managing Emergency Medicine departments at certain contract hospitals, including Victor Valley Global Medical Center (“V...

Excerpt: ...e § 2699. Plaintiff's PAGA action is based upon Defendant's violation of Labor Code sections 200, 201, 202, 203, 226, 226.7, 510, 512, 1174, 1194, 1194.2, 1197, and 2802. The statutory period corresponds to one year prior to the date Plaintiff filed her LWDA notice, January 30, 2018, to the present. On October 26, 2020, Proposed Intervenor Amanda Bernal (“Bernal”) filed the instant motion for leave to intervene in this action. Bernal filed a...

Excerpt: ...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 (the "Premises"). On or about Septemb...

Excerpt: ...s position since May 2015. In May 2019, the Board extended Plaintiff's employment contract through May 31, 2020, in compliance with regulations. Following a board meeting without a sufficient quorum on February 6, 2020, the District ceased salary payments to Plaintiff. At a regular meeting on February 24, 2020, the Board purportedly appointed an acting General Manager, even though only four directors voted in favor, despite that the governing rul...

Excerpt: ...) breach of contract; 2) breach of contract; 3) breach of partnership agreement; 4) breach of fiduciary duty; 5) conversion; and 6) accounting. On July 10, 2020, AM, Render Lit, and Eytan filed a cross-complaint against Hoffman, Corrente LLC, and Olive Juice Media LLC. Cross-Complainants allege that the prior litigation concerned certain insiders that looted Render Media. Specifically, Individual 1, a high-level officer/director, secretly diverte...

Excerpt: ... Complaint alleges twelve causes of action arising from Plaintiff's tenancy with Defendants. Plaintiff alleges that Defendants have neglected their responsibilities to maintain the property in a habitable condition and have failed to properly remediate the toxic mold within the unit, causing Plaintiff a serious mold-related sickness. On October 13, 2020, Defendants filed the instant motion to strike punitive damages. On October 27, 2020, Plaintif...

Excerpt: ...a 2013 Kia Optima (the “vehicle”). Plaintiff alleges that the vehicle was sold with certain defects. The complaint states six causes of action for: 1) violation of Civ. Code § 1793.2(d); 2) violation of Civ. Code § 1793.2(b); 3) violation of Civ. Code § 1793.2(a)(3); 4) breach of express written warranty; 5) breach of implied warranty of merchantability; and 6) fraud by omission. On August 10, 2020, Defendant filed a demurrer to the third ...

Excerpt: ...tions. Defendants did not believe that he was actually injured and refused to provide accommodations. This led to Defendants firing Plaintiff. The Complaint states eight causes of action for: 1) wrongful termination; 2) retaliation; 3) disability discrimination; 4) failure to prevent discrimination; 5) hostile work environment; 6) failure to accommodate; 7) failure to engage in the good faith interactive process; and 8) unfair competition. On Sep...

Excerpt: ...irst Amended Complaint states causes of action for breach of contract, fraud, rescission, and money had. Plaintiff is in the business of fabric dyeing and finishing. Plaintiff obtained a grant from the Metropolitan Water District of Southern California (“MWD”) to install a wastewater recycling system in February 2017. On March 31, 2017, Plaintiff entered into a contract with Petro. Under the agreement, Plaintiff would pay Defendant Petro $60,...

Excerpt: ...s that Plaintiff was a long-time associate and partner of the late Stan Lee of Marvel Comics. Plaintiff alleges that Defendants were security guards or caregivers hired to assist/protect Lee. Defendants allegedly made various defamatory statements regarding Plaintiff's relationship with Lee to the police and investigators, including that Plaintiff was abusing and stealing from Lee. The operative First Amended Complaint states four causes of actio...

Excerpt: ...reach of Implied Warranty; 3) Violation of Song-Beverly Act, section 1793.2; and 4) fraudulent inducement – concealment. The suit arises from Plaintiff's purchase of a 2015 Nissan Sentra (the “vehicle”) on March 31, 2016. Plaintiffs allege that the vehicle contained or developed various defects, including those related to the transmission. Nissan breached written and implied warranties and committed fraud by hiding the known transmission de...

Excerpt: ... DeClerq Law Group Inc. (“DLG”), and William DeClerq (“DeClerq”). The Complaint states a single cause of action for defamation. The Complaint arises out of a series of lawsuits involving Plaintiff and Defendants. The Complaint alleges that in November 2019, Defendants made meritless and false allegations against Padilla, including false allegations of the unauthorized practice of law, verbal threats against Defendants and attempting to ex...

Excerpt: ...parties represented that the case was settled. On October 2, 2020, Plaintiff filed the instant motion for attorneys' fees pursuant to the parties' settlement agreement and Civil Code § 1794(d). On October 21, 2020, Defendants filed an opposition. On October 27, 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 measure and...

Excerpt: ...ng she was pregnant and needed accommodations. The Complaint states five causes of action for: 1) disability discrimination; 2) failure to accommodate; 3) failure to engage in the interactive process; 4) failure to prevent discrimination; and 5) harassment. On September 3, 2020, Horizon filed a motion to compel arbitration. On October 20, 2020, Plaintiff filed an opposition. On October 26, 2020, Horizon filed a reply. Legal Standard Under Califor...

Excerpt: ...turn the items and absconded with the jewelry. The Complaint states nine causes of action, including fraud, conspiracy, conversion, breach of contract, and unlawful business practices. On September 10, 2020, Defendants filed a motion for a stay. On October 8, 2020, Plaintiff filed an opposition. On October 26, 2020, Defendants filed a reply. Legal Standard “The Fifth Amendment of the United States Constitution includes a provision that ‘[no] ...

Excerpt: ...areholders and directors of Capitola. Plaintiff alleges that Defendants mismanaged Capitola's real estate holdings, improperly attempted to evict Plaintiff from an apartment owned by Capitola through a series of unlawful detainer actions in Washington, and improperly sold property without consulting Plaintiff. Plaintiff contends that these acts also amounted to corporate waste. The operative First Amended Complaint alleges two causes of action fo...

Excerpt: ...discrimination; 2) failure to engage in god faith interactive process; 3) failure to accommodate; 4) retaliation; 5) failure to take reasonable steps to prevent discrimination or retaliation; 6) violation of the CFRA; 7) retaliation in violation of the CFRA; and 8) wrongful termination. On August 24, 2020, Defendants moved to compel arbitration and stay the proceedings. On October 15, 2020, Plaintiff filed an opposition. On October 22, 2020, Defe...

Excerpt: ...f 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 February 10, 2016, PLE filed a cross-Complaint against Hooman Nissani for breach of contract. On June 21, 2019, PLE added HTLP as a roe. On February 20, 2020, the Court granted...

Excerpt: ...��Defendants”) on October 15, 2018. The operative Second Amended Complaint (“SAC”) alleges a cause of action for professional negligence. The Court sustained Defendants' demurrer without leave as to the individual Plaintiffs' claims. The dispute arises out of BBK's allegedly negligent evaluation of the legal risks associated with a for-profit business plan (the “shoplifter deterrence” course) created by CEC. The program generally worked...

Excerpt: ... 27, 2018, the trial court denied the motion and an appeal followed. On April 16, 2020, the Court received a remittitur on appeal. The appellate court reversed the denial of the motion, holding that Gelsebach had probable cause to bring the third unlawful detainer action. On October 7, 2020, the Court entered judgment against Plaintiff on that basis. On August 27, 2020, Klosk filed the instant unopposed motion for judgment on the pleadings. Legal...

Excerpt: ...arding television and film production. Plaintiff rendered services from December 2016 to July 2018 for Regan. Regan promised Plaintiff that he would receive compensation with respect to the development, production and exploitation of any television projects on which plaintiff worked. Plaintiff successfully pitched and secured projects to be developed pursuant to the agreement, including a project with Sony Pictures Television Inc., entitled the A...

Excerpt: ...Eytan Elbaz. The Complaint states six causes of action for: 1) breach of contract; 2) breach of contract; 3) breach of partnership agreement; 4) breach of fiduciary duty; 5) conversion; and 6) accounting. This suit regards a search arbitrage business (“SAB”) Hoffman and Elbaz formed and operated together that monetized queries submitted to internet search engines such as Google and Yahoo. The Complaint alleges the pair agreed that Hoffman wou...

Excerpt: ...ions LLC (“LVO”), and Cambridge Healthcare Services (“CHS”). The Complaint alleges that Plaintiff received sub-par care and treatment at Defendants' skilled nursing facilities, causing pressure sores. The Complaint states three causes of action for: 1) elder abuse, 2) negligence; and 3) violation of resident rights. On June 11, 2020, LVO and CHS (“Defendants”) filed the instant petition to compel arbitration and stay this matter pendi...

Excerpt: ...ebruary 22, 2019, Plaintiff filed the Second Amended Complaint (“SAC”), adding Farmers Insurance Company Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company (collectively “Farmers Defendants”). The SAC states five causes of action for 1) breach of contract; 2) conversion; 3) money had and received; 4) quiet title to money; and 5) accounting. This dispute arises out a series of...

Excerpt: ...W&D”), and Dynamic Sports Group (“Dynamic”). The Complaint alleges . The Complaint states eight causes of action for: 1) Breach of Contract; 2) Breach of Fiduciary Duty; 3) Breach of Fiduciary Duty; 4) Breach of Fiduciary Duty; 5) Conspiracy to Commit Fraud and Breaches of Duty; 6) (Intentional Interference with Contract; 7) Accounting; and 8) Injunctive Relief. The Complaint alleges that on September 30, 2019, Plaintiff, Weiss and Ross ent...

Excerpt: ...position 65 – Health & Safety Code section 25249.6. On August 31, 2020, Plaintiff filed the instant motion for the Court to approve the consent judgment agreed to by the parties. No opposition was submitted. 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 di...

Excerpt: ...eges that the City provided incomplete and evasive responses to the requests. The Complaint states two causes of action for: 1) writ of mandate for violation of Gov. Code section 6258; and 2) decalratory judgment. On March 4, 2020, the parties indicated that they settled the case. On September 9, 2020, Plaintiff brought a motion for attorneys' fees. On September 17, 2020, Defendants filed an opposition. On September 29, 2020, Plaintiff filed a re...

Excerpt: ...loited their age difference and Hill's emotional vulnerability in order to embezzle money from Plaintiffs. The Complaint states six causes of action for: 1) declaratory relief; 2) fraud; 3) conversion; 4) unjust enrichment; 5) intentional infliction of emotional distress; and 6) negligent infliction of emotional distress. On August 26, 2020, Defendant filed a demurrer and motion to strike. On October 7, 2020, Plaintiffs filed oppositions. On Octo...

Excerpt: ...ive Complaint alleges 10 causes of action for: 1) wrongful termination in violation of public policy; 2) retaliation; 3) failure to pay wages; 4) failure to pay minimum wages; 5) failure to pay overtime compensation; 6) failure to provide itemized wage statements; 7) waiting time penalties; 8) unfair competition; 9) PAGA; and 10) failure to permit inspection of personnel and payroll records. On August 31, 2020, Defendants filed a motion for prote...

Excerpt: ...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 contract...

Excerpt: ...ment; 5) breach of implied warranties; and 6) loss of consortium. The SAC alleges that Marvin worked at dry cleaning facilities from 1950 through 1980. Plaintiff was diagnosed with bladder cancer in 2017. In the course of his work, he was exposed to various chemicals, including Perchloroethylene, that led to bladder cancer and other serious injuries. The defendants are the importers, producers, or distributors of the toxic chemicals. On July 21, ...

Excerpt: ...ion for: 1) attorney malpractice; 2) breach of fiduciary duty; 3) breach of contract; and 4) tortious breach of the implied covenant of good faith and fair dealing. This case arises out of an underlying lawsuit brought against Plaintiff by his neighbors, Lori and Michael Levine (the “Levines”). In the underlying action, the Levines alleged that Coppelson trimmed their eucalyptus trees without authorization. State Farm retained HSSA and Steinb...

Excerpt: ...ure to prevent discrimination, harassment, and retaliation; and 5) retaliation for whistleblowing. The FAC alleges that during his employment with the City, Plaintiff was subjected to racial discrimination and harassment. Plaintiff, an African American man, alleges that he was assigned a higher and unreasonable volume of work than similarly situated Hispanic employees, that he was denied promotional opportunities, and subject to stricter discipli...

Excerpt: ... of merchantability under the Song- Beverly Warranty Act; and 2) breach of express warranty under the Song-Beverly Warranty Act. On March 27, 2020, Defendants answered. On March 1, 2020, Defendants each filed motions to compel arbitration. On September 29, 2020, Plaintiff dismissed McKenna. On October 1, 2020, Plaintiff filed an opposition. On October 7, 2020, BMW filed a reply. Legal Standard Under California and federal law, public policy favor...

Excerpt: ... 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 asserts four claims of: 1) conspiracy; 2) abuse of process; 3) conspiracy; and 4) continuing violation doctrine. The Complaint asserts those four causes of action based on Civ. Code section 52.1(b). Plaintiff now moves for leave to amend. (CCP § 472.) No opp...

Excerpt: ...ess and monitor Decedent for skin breakdown and changes in her health condition, failed to keep her clean and dry, failed to change her diaper in a timely manner, and failed to turn and reposition her every two hours. Decedent allegedly developed an infected Stage IV bedsore to her buttocks and other pressure wounds to her ischium due to this neglect. The Complaint states four causes of action for: 1) elder abuse/neglect; 2) negligence; 3) breach...

Excerpt: ..., Inc. Does 1 and 2 were named as United Medical Imaging, Inc. And United Medical Imaging Healthcare Inc. The operative First Amended Complaint alleges negligence for being left unattended in an MRI machine for an extended period of time on May 18, 2017. Plaintiff alleges that this fell below the standard of care for MRI operation. The FAC states four causes of action for: 1) knowledge of probably dangerous consequences by willful conduct and mar...

Excerpt: ...evation Point 2 Inc., Elevation Health Partners Foundation (collectively “Elevation”), Natalie Martin, and Deena Pourshaban. The operative First Amended Complaint (“FAC”) 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 process; 6) failure to prevent discrimination, harassment, or retaliation; 7) waiting time...

Excerpt: ...0, Petitioner filed a notice of non-opposition. Legal Standard Under California and federal law, public policy favors arbitration as an efficient and less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8-9; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), ...

Excerpt: ...e count 2; (4) fraud; and (5) declaratory relief and injunction. This suit arises out of allegations of fraud and wrongful foreclosure by Bowen, CLC and Jones. Plaintiff alleges that he was the occupant and owner of the property located at 1836 Kenneth Way, Pasadena, California (“Property”). Jones and CLC has since been dismissed. On January 6, 2020, Plaintiff submitted the operative Fourth Amended Complaint (“4AC”) only as to Bowen. Bowe...

Excerpt: ...st”), 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 cancellation agreement; and 6) unfair business practices. The SAC arises out of a real estate sale transaction between the parties. Plaintiff alleg...

Excerpt: ...ode §§ 1050, 1054; (2) defamation – slander per se; and (3) intentional interference with prospective economic relations. These claims arise out of allegations that he has been unable to obtain employment with a law enforcement agency or fire department since he was terminated by the City in August 2008 because the City's employee, Christmas, made false and defamatory statements about him to prospective employers. On July 6, 2020, Defendants ...

Excerpt: ...mber 17, 2020, Defendant and Deponents filed oppositions. On September 23, 2020, Plaintiff filed replies. Given the substantial legal and factual overlap of the two motions, the Court will consider them together. Legal Standard Service of a proper deposition notice obligates a party or “party-affiliated” witness (officer, director, managing agent or employee of party) to attend and testify, as well as produce any document, electronically stor...

Excerpt: ...t, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, abuse of process, coercion to sign terms against public policy, and civil conspiracy. The Complaint concerns Plaintiff's leases with La Peer/Simonou from 2012-2016, and with Baldwin from November 2017 to December 2017. He alleges that La Peer/Simonou attempted to insert objectionable terms into their respective leases and wrongfully retaliated ...

Excerpt: ... fair dealing; 3) intentional interference with prospective economic relationships; 4) negligent interference with prospective economic relations; 5) breach of fiduciary duty; 6) negligence; 7) extortion; 8) violation of Bus. & Prof. Code section 17200. The Complaint alleges that Premier is a physician owned and operated company in the business of managing Emergency Medicine departments at certain contract hospitals, including Victor Valley Globa...

Excerpt: ...e Complaint alleges 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 ...

Excerpt: ... tenants. Defendants allegedly filed multiple unlawful detainer lawsuits without good cause and with malicious intent against Plaintiffs. The Complaint states two causes of action for: 1) violation of the Santa Monica Tenant Harassment Ordinance; and 2) retaliatory acts by landlord against tenants. Thompson filed an answer on December 12, 2018, following Plaintiffs' successful appeal on his granted anti-SLAPP motion. On November 20, 2019, the Cou...

Excerpt: ...Verjineh Mehrabians (“Plaintiff”) brought the instant elder abuse suit against Defendants County of Los Angeles (“County”), LAC Verdugo Operations LLC (“LVO”), and Cambridge Healthcare Services (“CHS”). The Complaint alleges that Plaintiff received sub par care and treatment at Defendants' skilled nursing facilities, causing pressure sores . The Complaint states three causes of action for: 1) elder abuse, 2) negligence; and 3) vio...

Excerpt: ...ach of implied warranty; 3) violation of Song- Beverly Act section 1793.2; and 4) negligent repair. Plaintiffs allege that on June 18, 2017, Defendants sold them a new 2017 Alfa Romeo Giulia (the “vehicle”). In violations of the warranties, the vehicle was sold with serious defects and nonconformities. On April 30, 2020, Orange filed an answer. On May 19, 2020, Defendants filed the instant motion to strike the request for enhanced civil penal...

Excerpt: ... Failure to Prevent Discrimination and Retaliation, (4) Failure to Provide Reasonable Accommodation, (5) Failure to Engage in an Interactive Process, (6) Retaliation, (7) Declaratory Judgment, and (8) Wrongful Termination. On August 18, 2020, the Court requested a supplemental declaration regarding the contract to establish that the arbitration agreement was between UFSC and Plaintiff. On September 2, 2020, UFSC filed a second supplemental declar...

Excerpt: ...0, 2018, Defendant answered. On February 14, 2020, Defendant moved for summary judgment or summary adjudication of each claim and punitive damages. No opposition was filed. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends that there is no merit to the cause of action, defense, or claim for damages, or if the pa...

Excerpt: ...Djahanbani (“Djahanbani”). The operative First Amended Complaint (“FAC”) states three causes of action for breach of contract; open book account; and account stated. The FAC alleges that Defendant retained 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 March 13, 2020, Djahanbani filed a cross-complai...

Excerpt: ... LLC BVS Partners Realty LLC, Gobi LLC, MTB1 Group LLC, and Nashville West LLC. Plaintiffs also added Robert Hall, Legacy Village LLC (“Legacy”), Cordova Investments Inc. and ORock Technologies Inc. as doe defendants. The operative Second Amended Complaint (“SAC”) brings allegations of a fraudulent real estate investment scheme, wherein defendants defrauded Plaintiffs out of millions of dollars. The SAC brings twenty seven causes of actio...

Excerpt: ...TB (the “vehicle”). Plaintiff alleges that after the purchase, Defendants failed to comply with their Song- Beverly obligations. The Complaint alleges five causes of action for various Song-Beverly violations. On February 27, 2020, FNA and FBH answered. On April 27, 2020, Plaintiff dismissed FBH. On June 1, 2020, Chi Pega LLC (dba FW) answered. On June 29, 2020, FW filed the instant motion to compel arbitration. On Jul 30, 2020, FNA filed a j...

Excerpt: ...es LLC (“VS”), The Macerich Company, Macerich Oaks GP Corp. (collectively, “Macerich”), and Universal Protection Service LP (“Universal”). The Complaint alleges six causes of action for: 1) violation of Civ. Code section 51 et seq.; 2) negligence; 3) intentional infliction of emotional distress; 4) loss of consortium; 5) violation of BUs. & Prof. Code section 17200; and 6) violation of Consumer Legal Remedies Act. On November 26, 2017...

Excerpt: ...of consortium. The SAC alleges that Marvin worked at dry cleaning facilities from 1950 through 1980. Plaintiff was diagnosed with bladder cancer in 2017. In the course of his work, he was exposed to various chemicals, including Perchloroethylene, that led to bladder cancer and other serious injuries. The defendants are the importers, producers, or distributors of the toxic chemicals. On June 19, 2020, Defendant Daflo Inc. (“Daflo” or “Defen...

Excerpt: ...Defendants. On April 4, 2019, the Court entered default judgment against Defendants. On February 26, 2020, Israel filed the instant motion to vacate default/default judgment. On August 28, 2020, Plaintiff filed an opposition. Legal Standard Relief under section 473(b) is either discretionary or mandatory. Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, ina...

Excerpt: ...d this suit against Defendants Auto Finance Solutions, LLC (“AFS”) and Ihab Abuwarda (“Abuwarda”) (collectively “Defendants”) for breach of contract and fraud related to a financing agreement for wholesale car purchases. The Second Amended Complaint (“SAC”) alleges nine causes of action for 1) breach of oral agreement; 2) promissory fraud; 3) breach of fiduciary duty; 4) conversion; 5) money had and received; 6) breach of oral agr...

Excerpt: ... an answer to the FAC. On April 23, 2020, Defendants moved for leave to amend their answer and file a compulsory cross-complaint. On August 27, 2020, Plaintiff filed an opposition. On September 1, 2020, Defendants filed a reply. Amend Answer Legal Standard If a plaintiff wishes to amend a complaint after the answer has been filed or after the demurrer has been filed and after the hearing on the demurrer, or if he or she has already amended the co...

Excerpt: ...(US) LP (“Oakwood”); Avalonbay Communities Inc. (“Avalonbay”); and Tyler Vela (“Vela”). Plaintiff alleges that in 1979 Dworkin moved into apartment P-116 at 3658 Barham Boulevard, Los Angeles (the “first apartment”). The first apartment was rent controlled. In 2018, Oakwood began renovations to the first apartment and had Plaintiff move into Apartment Z-203 (the “second apartment”). They knew at the time, but did not inform Pl...

Excerpt: ...August 10, 2018, Defendant answered. On August 18, 2020, 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 has discreti...

Excerpt: ...esentation; 3) Fraudulent Concealment/Non-Disclosure; 4) Intentional Misrepresentation; and 5) Fraud. The SAC alleges that in May 2015, LGB purchased 16,000 yards of fabric with a black and white design, designated as Style No. 131011 (the “Design”) from Defendants to use for swim ware. Prior to the purchase, Defendants, specifically Katz, repeatedly stated that Caravan had full rights and authority to sell the Design. Despite Defendants' rep...

Excerpt: ...est LLC. Plaintiffs also added Robert Hall, Legacy Village LLC, Cordova Investments Inc. and ORock Technologies Inc. (“ORock”) as doe defendants. The operative Second Amended Complaint (“SAC”) brings allegations of a fraudulent real estate investment scheme, wherein defendants defrauded Plaintiffs out of millions of dollars. The sAC brings thirteen causes of action for 1) Conspiracy to Defraud; 2) Fraud; 3) Securities Fraud; 4) Conversion...

Excerpt: ...; 5) breach of implied warranties; and 6) loss of consortium. Vulcan Materials Company (“Vulcan”) was brought in as doe 14. On April 24, 2020, Stephen C. Dillard filed the instant application to appear as counsel pro hac vice on behalf of Vulcan. No opposition was submitted. Discussion CRC Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application u...

Excerpt: ...ess Warranty; (2) violation of the Song Beverly Act — Breach of Implied Warranty; (3) violation of Song Beverly section 1793.2; (4) fraudulent inducement — concealment; and (5) fraudulent inducement — intentional misrepresentation. Plaintiff alleges he purchased a new 2011 Kia Optima, but it was delivered to him with serious defects and nonconformities, specifically, defects in the engine. On May 29, 2020, Defendant moved for summary adjudi...

Excerpt: ...l estate broker and Kim would be an associate-licensee (i.e. a real estate agent). On November 13, 2017, third-party Dewey Properties LLC filed a suit against BII and Kim regarding the sale and purchase of property located at 1057 S. Dewey Ave., Los Angeles (the “Property”). After the filing of the suit, BII and Kim entered into a second agreement in which they agreed that they will not claim to E&O insurance but instead will have Real Estate...