Excerpt: .... 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 April 22, 2020, Defendants filed the instant demurrer to the sixteenth cause of action and motion to strike certain damages requests. On August 19, 2020, Plaintiff filed an opposition. On August 26, 202...

Excerpt: ...ompany LP, SSC Tarzana Operating GP LLC, SSC Tarzana Management Company LP (collectively “Tarzana”), Northridge Hospital Medical Center, Northridge Hospital Foundation, Dignity Health, the Los Angeles Jewish Home for the Aging (“LAJHA”), Brandman Centers for Senior Care, Inc., Mary Cole, Sherri Cunningham, Sandra Wang, Michael Damavandi, Casey Ott, Anthony Murphy, Mehrded Ariani, Adel Jabour, Shawici Saad, Anne Panganiban, Marie Edel Good...

Excerpt: ...rank McCall (“Frank”) and Kentrell McCoy (“Kentrell”). The operative First Amended Complaint (“FAC”) alleges six causes of action for: 1) assault; 2) battery; 3) unsafe workplace violation of Cal. Lab. Code sections 6300 et seq.; 4) intentional infliction of emotional distress; 5) whistleblower violation, Lab. Code section 1102.5; and 6) retaliation and wrongful termination in violation of public policy. The FAC alleges that he was an...

Excerpt: ...ed School District (“LAUSD”). At the time of the assault, Plaintiff was 15 years old. Plaintiff alleges that beginning in March 2017, Plaintiff was regularly volunteering to assist younger students with their studies at her younger sister's elementary school, Normandy Avenue Elementary School (the “School”). LACC enrolled Davis into a program that provided job training for at-risk young adults in September 2017 as a trainee, apparently wo...

Excerpt: ...ust 26, 2021 at 8:30 a.m. in this Department. The Court issues an OSC re: status of appeal for August 26, 2021 at 8:30 a.m. in this Department. All matters in this action are now stayed—including Jiang's court-ordered deposition—pending the outcome of Jiang's appeal and further order of this Court. The stay shall not affect any monetary sanctions imposed on Jiang thus far. Zeng to give notice. BACKGROUND On May 29, 2015, Anping Zeng filed a c...

Excerpt: ...R”); Star Education Inc. (“SEI”), Star Nova Education (“SNE”), Westwood Charter Elementary School (“Westwood Charter”), Marquez Charter School (“Marquez Charter”), Kathy Flores (“Flores”), Katya Bozzi (“Bozzi”), Yolanda Davis (“Davis”), and Amanda Levy (“Levy”). The operative Complaint alleges twenty two causes of action arising from allegations of discrimination and harassment during Plaintiff's employment as a ...

Excerpt: ...ff, Mart-Diana Enterprises Inc., and Taguhi D. Avetisyan. Trial was set for March 10, 2020, with an FSC set for February 21, 2020. Plaintiff failed to appear at the FSC or for trial. On March 13, 2020, the action proceeded to trial with no appearances by Plaintiff or Mart-Diana. The Court dismissed Plaintiff's complaint against Defendants. On the Cross-Complaint, the Court found in favor of Cross-Complainants and against Cross-Defendants, and ent...

Excerpt: ...), alleging a single cause of action for a violation of Lab. Code section 1198, which bars conditions of labor prohibited by orders of the Industrial Wage Commission (“IWC”). Plaintiff is a checker/cashier at a Ralphs grocery store. LaFace alleges that Ralphs and Kroger failed to provide her and other checkers/cashiers with seats required by Code Regs. tit. 8, sec. 11040 subd. 14 (“section 14”). The action proceeded to a court trial on No...

Excerpt: ...The operative First Amended Complaint (“FAC”) states three causes of action for 1) willful misconduct; 2) violations of the Elder and Dependent Adult Civil Protection Act; and 3) wrongful death. The FAC alleges that alleges that Decedent was 80 years old. On October 20, 2017, Decedent was admitted to a hospital with healthcare-related pneumonia. On November 17, 2017, Decedent was discharged from the hospital after completing a course of antib...

Excerpt: ...arises out of a series of litigation over the control of Eden Hill, a non-profit religious organization. On December 5, 2018, the Court sustained Defendants' demurrer to the First Amended Complaint 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 Defendants; 2) breac...

Excerpt: ... (1) anticipatory breach of contract; (2) wrongful foreclosure count 1; (3) wrongful foreclosure 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...

Excerpt: ... the fourth, sixth and seventh causes of action; and SUSTAINED without leave as to the first, second, third, and fifth causes of action. The motion to strike is moot, except to attorneys' fees which is GRANTED without leave. On November 25, 2019, Plaintiffs Susan Fishman (“Fishman”), 7115 Darby LLC (“Darby”), and Sitting Pretty Incorporated (“Sitting Pretty”) (collectively “Plaintiffs”) filed the instant bad faith insurance suit a...

Excerpt: ... for dismissal as to the cross-complaint, without prejudice. Again, on March 12, 2020, Koo filed a new cross-complaint, this time alleging intentional and negligent misrepresentation on the part of Maddah. On March 30, 2020, Maddah filed the instant motion to strike the entirety of the cross-complaint for failure to seek leave, or alternatively, to strike punitive damages. On June 22, 2020, Koo filed an opposition. On June 26, 2020, Maddah filed ...

Excerpt: ...and Reeve E. Chudd (“Chudd”) (collectively “Defendants”). The Complaint states two causes of action for legal malpractice and breach of fiduciary duty. On August 30, 2018, Defendants answered. This action arises out of Claire Gordon's (“Claire”), Plaintiffs' mother/grandmother, estate plan. Claire had three children, Kenneth Gordon (“Kenneth”), Bruce, and Jeffrey Gordon (“Jeffrey”). Brian and Steven are Bruce's sons and Claire...

Excerpt: ...ndrew Foster (“Foster”) (collectively “Defendants”) licenses and assigns such referees to officiate professional boxing events across California. Plaintiffs generally allege that since at least 2012, Defendants gave preferential treatment to White officials and uniformly assigned White officials more prestigious Championship bouts in spite of such officials representing less than 30% of the officials. Hedgpeth is an African American, and ...

Excerpt: ... Samson Bagmanyan (“Bagmanyan”) as doe “Sam” and Defendant Jin B. Mustafa (“Mustafa”) as “John Doe.” The operative Second Amended Complaint (“SAC”) alleges four causes of action for: 1) negligence; 2) negligent hiring, supervision, and retention; 3) battery; and 4) elder abuse. The SAC alleges that on November 16, 2016, Plaintiff was working as a security guard at the shopping plaza located at 219 S. Vermont Avenue, Los Angele...

Excerpt: ...hostile work environment/harassment on the basis of sex; 2) discrimination on the basis of race in violation of FEHA; 3) failure to prevent harassment and discrimination; 4) retaliation in violation of FEHA; and 5) constructive discharge in violation of public policy. On May 26, 2020, Plaintiff moved for summary adjudication as to the first, second, third, and fifth causes of action. On July 22, 2020, Defendant filed an opposition. On August 6, 2...

Excerpt: ...nt alleges 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 9000...

Excerpt: ...The operative First Amended Complaint (“FAC”) states three causes of action for 1) willful misconduct; 2) violations of the Elder and Dependent Adult Civil Protection Act; and 3) wrongful death. The FAC alleges that alleges that Decedent was 80 years old. On October 20, 2017, Decedent was admitted to a hospital with healthcare-related pneumonia. On November 17, 2017, Decedent was discharged from the hospital after completing a course of antib...

Excerpt: ... records in violation of Lab. Code 1198.5; 3) intentional infliction of emotional distress; and 4) failure to reimburse business expenses. The Complaint 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 project manager and lead co-writer, as well as taking on human resources respons...

Excerpt: ...ton Inc. (“Sutton”). The FAC alleges that Plaintiff operates a textile and garment manufacturing business. Plaintiff and Dream, on behalf of Sutton, entered into two contracts for the manufacture, sale and purchase of certain garments. Defendants were to provide full payment on each shipment within 45 days of the shipment date. All goods were delivered in accordance with the agreements and were accepted by Defendants. The FAC alleges that Def...

Excerpt: ... as a result of several incidents of domestic violence and sexual assault and harassment. Plaintiff recovered $150,000.00, and was entitled to 25% of that recovery based on the Contract. Jalili failed to pay the sum due. The Complaint states a single claim for breach of contract. On February 18, 2020, the Court ordered this case related with Daneshrad Law Firm APC v. Asef, LASC Case No. 19STCV10318. The Court designated 19STCV10318 to be the lead...

Excerpt: ... 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 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 warran...

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

Excerpt: ...ly. The case arises out of allegations that Plaintiff presented his 2016 Ford Fusion for repairs to Defendant's authorized repair facilities multiple times during 2018. The facility failed to fix the issues. 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 ...

Excerpt: ...tates 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 extort money from Defendants. These false allegations were put in writing by filing an acti...

Excerpt: ...��), Eleganza Real Estate (“ERE”), Reza Jabarzade (“Jabarzade”), and Standard Home Realty (“SHR”). The operative Complaint states ten causes of action for: 1) breach of written contract; 2) violation of Civ. Code section 1102 et seq.; 3) fraudulent concealment; 4) fraud and deceit; 5) breach of fiduciary duty; 6) unjust enrichment; 7) fraud in the inducement; 8) negligent misrepresentation; 9) intentional misrepresentation; and 10) vi...

Excerpt: ... JM Capital Investments, LLC (“JMCI”), Kathy Macias (“Macias” or “Defendant”), Plainfield Pass Media, LLC (“Plainfield”), Marble Arch Entertainment, LLC (“Marble”), J. David Williams (“Williams”), and Miguel Lluis (“Lluis”) (collectively, “Defendants”). The operative first amended complaint (“FAC”) alleges seven causes of action for: 1) breach of fiduciary duty; 2) breach of contract; 3) breach of contract; 4) ...

Excerpt: ...II”) filed a complaint against Defendant Lynn Kim (“Kim”), stating three causes of action for 1) breach of contract; 2) reimbursement; and 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 f...

Excerpt: ...heir landlords Defendants Delaine Yates (“Yates”), Ryan Martin (“Martin”), Delaine Yates LLC (“DYL”) and Rodney Drive LLC (“RDL”). The Complaint alleges thirteen causes of action for: 1) breach of common law duty of care; 2) breach of warranty of habitability; 3) violation of Civ. Code § 1942.4; 4) violation of Civ. Code § 1940.2; 4) breach of the common law implied covenant of quiet enjoyment; 6) violation of Civ. Code § 1714;...

Excerpt: ... business. Defendants actually used the money to fund their son's legal defense to criminal proceedings and to pay off other debts. Defendants failed to pay back all the money owed under the note, leaving a balance of $60,000.00 plus interest. The operative Second Amended Complaint (“SAC”) alleges three causes of action for: 1) breach of promissory note; 2) fraud; and 3) money had and received. On October 1, 2019, following a pattern of avoid...

Excerpt: ...onal 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. Plaintiff alleges he was employed by the City as a part-time paramedic from April 2007 until August...

Excerpt: ...ely “Defendants”). Plaintiff alleges that she worked as a full- time housekeeping/assistant for Taji Ilbegi (“Ilbegi”) from January 2009 to her death in February 2018. Plaintiff performed her work duties on a live-in basis, including providing overnight care for the elderly, and often bedridden, Ilbegi. Plaintiff alleges Defendant violated several labor code sections regarding her wages. The Complaint alleges six causes of action for: 1) ...

Excerpt: ...ring his employment with Defendant. The Complaint alleges a single cause of action for a violation of the Federal Employers' Liability Act (45 USC 51 et seq.). On November 28, 2017, Defendant answered. On April 20, 2020, Defendant moved for summary judgment. On June 19, 2020, Plaintiff filed an opposition. On July 1, 2020, Defendant submitted a reply. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of ...

Excerpt: ...lation of Lab. Code section 232.5; and 4) wrongful termination in violation of public policy. On June 16, 2020, Defendant filed the instant motion to compel arbitration. On June 25, 2020, Plaintiff filed an opposition. On July 1, 2020, Defendant filed a reply. 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) ...

Excerpt: ...t); and 2) Breach of Express Warranty (Song-Beverly Warranty Act). The claims relate to a new 2016 GMC Yukon Plaintiffs purchased on October 3, 2016. On February 10, 2020, Plaintiffs filed the instant motion to compel the deposition of Defendant's Person Most Knowledgeable, with Production of Documents. This motion relates to the PMK deposition initially set for December 30, 2019. Also on February 10, 2020, Plaintiffs filed a second motion to com...

Excerpt: ...le”) on May 21, 2017. Plaintiffs allege that the vehicle contained or developed various defect related to the electrical architecture. The Complaint alleges three causes of action for: 1) breach of express warranty – violation of Song- Beverly Act; 2) breach of implied warranty – violation of Song-Beverly Act; and 3) fraudulent inducement – concealment. On February 4, 2019, Defendants answered. On February 26, 2020, Defendants move to adj...

Excerpt: ...aint, this time alleging intentional and negligent misrepresentation on the part of Maddah. On March 30, 2020, Defendant filed the instant motion to strike the entirety of the cross- complaint for failure to seek leave, or alternatively, to strike punitive damages. Legal Standard Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (CCP § 435(b)(1); Cal. Rules ...

Excerpt: ...n Bergougnoux (“P. Bergougnoux”), Kelly Sundance Bergougnoux (“K. Bergougnoux”), Claire Tabouret (“Tabouret”), and the City of Los Angeles Department of Water and Power (“DWP”). The instant dispute involves multiple easements related to Plaintiff's and Defendants' properties. The Complaint states three causes of action for: 1) declaratory relief (right of way easement); 2) damages for interference with right of way easement; and 3...

Excerpt: ..., Plaintiff Elvis Quintanilla (“Plaintiff”) filed a complaint against Defendants Hernandez Enterprise Roofing, Inc. (“HER”), Victor Hernandez (“Hernandez”), Antonio Vasquez (“Vasquez”) (collectively the “Hernandez Defendants”), Mattes Auto Sales, Inc. (“MAS”), Mattes 1997 Family Trust UTD 9/27/91 (the “Trust”), Mike Mattes (“M. Mattes”), Gabriela Mattes (“G. Mattes”) (collectively the “Mattes Defendants”), ...

Excerpt: ... Plaintiff alleges an outstanding principal of $1,150,950.81, plus interest of $26,535.58 through November 12, 2019, and recoverable fees of $56.00. The daily interest rate is $447.58. The Complaint alleges five causes of action for: 1) breach of promissory note; 2) judicial foreclosure; 3) money lent; 4) account stated; and 5) appointment of receiver. On December 20, 2019, Defendant answered. On March 3, 2020, Plaintiff moved for summary adjudic...

Excerpt: ... 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. Dar...

Excerpt: ...plaint states five causes of action including conversion, misappropriation and breach of fiduciary duty. On December 12, 2019, this case was related to an employment discrimination suit filed by Forsyth against LDG, F&O, Fig & Olive, Christopher Meaker, Shaun Smithson, Gregory Galy, and Guillame Fonkenell, with case no. 19STCV20431 (the “Wrongful Termination Action”). On December 2, 2019, Plaintiffs filed the instant motion to compel a respon...

Excerpt: ...d Certificate Series 2007-6 (“Wells Fargo”). The Complaint states six causes of action for: 1) violation of Civ. Code § 2923.6(c); 2) violation of Civ. Code § 2923.7; 3) violation of Civ. Code § 2924.9; 4) violation of Civ. Code § 2924.10; 5) negligence; and 6) unfair business practices, violation of Bus. & Prof. Code § 17200. The Complaint alleges that on April 2, 2007, Plaintiffs obtained a mortgage loan on the 5343 Hilltop Road, Los A...

Excerpt: ... 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. Defendant's demurrer to the second cause of action was sustained with leave to amend. Plaintiff elected not to file an amended complaint. The FAC alleges that Plaintiff was a management-level ...

Excerpt: ...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 February 11, 2020, Plaintiff filed the instant motion for Terminating, Evidentiary, Issue, or Monetary...

Excerpt: ...015, Plaintiff filed the instant false imprisonment action against Defendants Noble LA Events Inc. ("Noble"), John McKillop ("McKillop"), Dick Clark Productions, Inc. ("DCP"), and Hilton Management LLC ("Hilton"). Plaintiff subsequently named the following Doe Defendants: Robert Dixon ("Dixon"), Thomas Applewhite ("Applewhite"), Noble Associates Worldwide, Inc. ("Noble Associates"), Hollywood Foreign Press Association ("HFPA"), Rock Security, Inc...

Excerpt: ...Apparel”) and James J. Lee (“James”) (collectively “Defendants”). Plaintiff is an apparel-manufacturing company that agreed to provide clothing to Defendants. Defendants import and sell women's clothing and other items to retailers. Defendants agreed to pay $13,191,457 for the clothing. Defendants failed to pay Plaintiff. The operative Second Amended Complaint (“SAC”) alleges six causes of action for: 1) breach of written contract, ...

Excerpt: ...m”), Kyung Won Aum (“Aum”), GS Heating and Air Conditioning Inc. (“GS”). The operative First Amended Complaint (“FAC”) alleges: 1) breach of contract; 2) negligence; 3) fraud; and 4) negligent misrepresentation. Plaintiffs are the current owners of the subject residential real property located at 3800 Domal Lane, La Canada, California (the “Property”). On June 27, 2017, Jaybell, as the original owner/seller, entered into a resid...

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: ...Realty LLC, Gobi LLC, MTB1 Group LLC, and Nashville West LLC. Plaintiffs also added Robert Hall, Legacy Village LLC, Cordova Investments Inc. and Orock Technologies Inc. as doe defendants. The operative First Amended Complaint (“FAC”) brings allegations of a fraudulent real estate investment scheme, wherein defendants defrauded Plaintiffs out of millions of dollars. The FAC brings thirteen causes of action for 1) Conspiracy to Defraud; 2) Fra...

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, ...

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: ...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: ...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: ...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: ...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: ...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: ... 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...