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

Excerpt: ... subcontractor work, So. Coast & Valley Roofing, Inc. (“So. Coast”) alleges that it has completed all work to be performed pursuant to the contract between the parties, yet Defendant CBCI Construction, Inc. (“CBCI”) refuse to pay So. Coast the balance of the money due in the amount of $191,838.84. So. Coast alleges that on February 15, 2017, the parties entered into a written subcontract agreement for So. Coast to install roofing material...

Excerpt: ...intiff was assigned to work 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 ...

Excerpt: ...rles P. Garcia brought this employment suit against Defendants ALPFA Inc., ALPFA Foundation (collectively, “ALPFA”). Plaintiff also sues the current/former Board members of ALPFA Defendants Hector Perez, Yvonne Garcia, Daniel Villao, Gabriel Rodriguez Jr., Reynaldo Gonzalez, Damaris Schneider, Genaro Perez, and Marcela Aldaz-Matos (collectively the Board Defendants). Plaintiff brings this suit in his individual and in a derivative capacity un...

Excerpt: ...18, Plaintiff filed First Amended Complaint (“FAC”), the operative pleading, alleging eight causes of action: 1) breach of fiduciary duty, 2) breach of covenant of good faith and fair dealing, 3) unfair business practices, 4) deceit, 5) fraud, 6) fraudulent conveyance, 7) civil conspiracy, and 8) violations of Civ. Code sections 1185. This case involves a dispute between siblings, Plaintiff and Defendant Giesel Richmond (“Giesel”), over t...

Excerpt: ...eclarations of Coverage. MPT seeks a judicial determination that it has no duty to defend or indemnify Defendants as to the lawsuit entitled Frank Bredice, D. C., v. Andrew Kochan, MD., et al., LASC Case No. 19STCV16302 (the “Bredice suit”). In that suit, Bredice sues Kochan for medical malpractice related to the use of dirty needles that lead to an infection. MPT alleges that Kochan admitted that he added notes to the medical records of Bred...

Excerpt: ...an authorized service and repair facility numerous times, but they were unable to repair the issues. The operative First Amended Complaint states three causes of action for: 1) Song-Beverly Consumer Warranty Act; 2) fraud; and 3) negligent misrepresentation. On June 16, 2017, MBUSA filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, Inc. On June 20, 2017, Takata fi...

Excerpt: ...ion against Defendants Blythe/Windsor Country Park Healthcare Center LLC dba Windsor Gardens Convalescent Center of Long Beach (erroneously sued as Windsor Gardens of Long Beach) (“Windsor Gardens”) and S&F Management Company, LLC (“S&F”). The complaint alleges four causes of action against Defendants for elder abuse, violation of Health & Safety Code § 1430(b), willful misconduct, and wrongful death. Ms. Bryant was 91 <00480056004c00470...

Excerpt: ...n violation of Lab. Code §§ 1102.5; 3) defamation; 4) false light; 5) wrongful termination; and 6) unfair business practices. The Complaint alleges that Plaintiff was employed as a commercial truck driver by Harrison- Nichols Company LLC (“Harrison”) from 2002 to 2017. In January 2018, Defendant acquired Harrison and Plaintiff became an employee of Defendant. Upon beginning to work for Defendant, she observed that Defendant's trucks had ser...

Excerpt: ...nfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Plaintiff is an elder and a widow who was the victim of an investment scam by Defendants. She generally alleges that after her husband's death, she was ...

Excerpt: ... 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 alleges that Defendants initially agreed to sell a high-rise penthouse condominium located at 702 S. Serrano Ave., Los Ange...

Excerpt: ...��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 agreement; 7) promissory fraud; 8) slander of title; and 9) decl...

Excerpt: ...' fees allegations. On January 31, 2019, Plaintiffs Alexander and Marianne Tereszcuk (collectively, “Plaintiffs” or the “Tereszcuks”) filed the instant habitability action against Defendants PLB Management LLC (“PLB”) and Prime/Park Labrea Titleholder LLC (“Prime”) (collectively, “Defendants”). The complaint alleges 13 causes of action for 1) breach of warranty of habitability (Civ. Code § 1941.1); 2) breach of warranty of ha...

Excerpt: ...ment. On October 15, 2018, Defendant filed an answer and Cross-Complaint. On July 2, 2019, Defendant filed a motion to compel initial discovery responses from Plaintiff as to 1) form interrogatories (set one), 2) form interrogatories (set two); 3) requests for production of documents, and 4) special interrogatories (set one). On August 29, 2019, Plaintiff filed an opposition. On September 4, 2019, Defendant filed a reply. Legal Standard If a part...

Excerpt: ...osure by Plaintiff Marvell Lenox Tell, Jr. against Defendants Ray B. Bowen, Jr. (“Bowen”); Construction Loan Company, Inc. (“CLC”); and Richard C. Jones (“Jones”). Plaintiff alleges that he was the occupant and owner of the property located at 1836 Kenneth Way, Pasadena, California (“Property”). On February 2, 2008, Plaintiff obtained a construction loan from CLC in the amount of $102,626.07 (“Loan”) and signed a Promissory No...

Excerpt: ...fs, in the complaint, assert causes of action against West Coast for financial abuse of dependent adults, fraudulent inducement, breach of contract, and rescission. In deciding a petition to compel arbitration, trial courts must first decide whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue of whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocer...

Excerpt: ... (the “Premises”). The Premises is in a documented high crime neighborhood. On November 26, 2018, Plaintiffs Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises because security guards had been hired. On No...

Excerpt: ...(the “Trust”) (collectively “Defendants”) demur to the 1 st (negligence), 2 nd (premises liability), 3 rd (fraudulent concealment – Labor Code §3602(b)(2)), 4 th<000f000300440051004700 000c000f000300440051[d 5th (violations of Labor Code §3751) causes of action in the first amended complaint of Plaintiff Elvis Quintanilla (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action...

Excerpt: ... environment; (3) failure to prevent harassment and hostile work environment; (4) retaliation; (5) wrongful termination in violation of public policy; (6) failure to provide overtime wage compensation; (7) failure to provide rest breaks; (8) failure to provide meal breaks; (9) failure to provide accurate itemized statement; (10) waiting time penalties; and (11) unfair business practices. Plaintiff later dismissed his wage and hour claims after he...

Excerpt: ...ury and loss of property. A lawsuit ensued entitled Hall et al v. Darwish, No. 590936 (L.A. Sup. Ct. 2015) (“Hall Action”). Plaintiffs promptly tendered defense of the Hall action to their insurers, Defendants, and Defendants assumed control of the defense of the action and engaged counsel Mr. Fields. Fields failed to adequately defend the action. On October 23, 2017, Defendants agreed as required by Civil Code section 2860(a) to appoint Cumi...

Excerpt: ... § 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) unfair competition in violation of Bus. and Prof. Code § 17200, et seq., (8) Wrongful Retaliation/ Termination On July 18, 2019, Plaintiff moved t...

Excerpt: ...oomaker LLC (“Winslow”), BKIP LLC (“BKIP”), Alvin Joiner (“Joiner”), David Aguilar (“Aguilar”), Mike Healy, (“Healy”) Ryan Rezaie (“Rezaie”), Andre R. Young (“Young”), and ARY Inc. (“ARY”). Plaintiffs allege that Defendants defrauded them out of their share of a 14.5% ownership interest in an enterprise to sell recreational marijuana under the premium label “Brass Knuckles.” The Complaint alleges nine causes of...

Excerpt: ...rmination action against Defendants United Parcel Service (“UPS”), John Pipkin, and Dennis Corrigan. Pipkin and Corrigan were UPS supervisors. The complaint, filed on March 5, 2019, has causes of action for: (1) VIOLATION OF LABOR CODE § 1102.5; (2) VIOLATION OF LABOR CODE § 98.6; (3) WRONGFUL TERMINATION OF EMPLOYMENT IN VIOLATION OF PUBLIC POLICY; (4) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; (5) VIOLATION OF CIVIL CODE § 51.7 (6) AS...

Excerpt: ...ivate nuisance, permanent private nuisance, quiet title, and declaratory relief. On February 5, 2019, M. Chiles and J. Chiles filed a cross-complaint against PVPLC, County of Los Angeles, Dana Lynne Mendel, Lisa Mendel Platt, and Zelda Miller, asserting causes of action for easement by prescription, lateral and subjacent support, imposition of an equitable, resulting, or constructive trust, easement by implication, nuisance/waste, rescission, equ...

Excerpt: ...��) on April 23, 2019. The operative First Amended Complaint (“FAC”) alleges that Plaintiff was hired as a sales representative for Defendants. Defendants are all alter egos of one another. In or around Spring 2016, a warehouse manager began making inappropriate comments to Plaintiff who was the only non-Mexican employee. In or around May 2017, Plaintiff learned his wife was diagnosed with severe depression and was recommended to move to Sout...

Excerpt: ...lleging non-payment for subcontractor work, So. Coast & Valley Roofing, Inc. (“So. Coast”) alleges that it has completed all work to be performed pursuant to the contract between the parties, yet Defendant CBCI Construction, Inc. (“CBCI”) refuse to pay So. Coast the balance of the money due in the amount of $191,838.84. So. Coast alleges that on February 15, 2017, the parties entered into a written subcontract agreement for So. Coast to i...

Excerpt: ...the vehicle to an authorized service and repair facility numerous times but they were unable to repair the issues. The operative First Amended Complaint states three causes of action for: 1) Song-Beverly Consumer Warranty Act; 2) fraud; and 3) negligent misrepresentation. On June 16, 2017, MBUSA filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, Inc. On June 20, 2...

Excerpt: ... William Espinoza (“Espinoza”), Donald Jasso (“Jasso”), Eric Jaeger (“Jaeger”), Daniel Klimek (“Klimek”), Eva Mejia (“Mejia”), Michael Miller (“Miller”), Daria Morena (“Morena”), Jose Ochoa (“Ochoa”), Vincent Poy (“Poy”), Mark Real (“Real”), Paris Taylor (“Taylor”), and Ryan Venegas (“Venegas”) (collectively, “Plaintiffs”) brought the instant employment action against their former employer, Webe...

Excerpt: ...2019, Defendant filed the instant motion to compel arbitration against Plaintiff. On August 2, 2019, Plaintiff filed an opposition. On August 15, 2019, 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) 3 Cal.4th 1, 8-9; AT&T Mobility LLC v. Concepcion<004b004800550003004400 510003[ agr...

Excerpt: ...rty located at 9254 S. Central Ave. Los Angele 90002 (the “property”). The Complaint alleges eight causes of action for: 1) breach of contract (against Hernandez); 2) Breach of Implied Covenant of Good Faith and Fair Dealing (against Hernandez); 3) Intentional Misrepresentation (against Hernandez and Contreras); 4) Conspiracy (against Hernandez and Contreras); 5) Negligent Misrepresentation (against Hernandez and Contreras); 6) breach of duty...

Excerpt: ...to provide meal breaks, failed to provide rest breaks and other labor code violations. On June 22, 2017, Plaintiff complained to Defendant regarding improper tip calculations. In retaliation, Defendants took Plaintiff off the schedule, resulting in her constructive discharge. The Complaint states twelve causes of action for: (1) Failure to Pay Gratuities in Violation of California Labor Code § 351; (2) Failure to Pay Gratuity Timely; (3) Failure...

Excerpt: ...llectively “Defendants). The Complaint alleges five causes of action for: 1) Fraud (against Orth); 2) defamation; 3) false light – invasion of privacy; 4) specific performance of settlement agreement; and 5) breach of contract (against Orth). The Complaint alleges that in 2000, Plaintiff sued Orth for defamation. Plaintiff and Orth entered into a confidential settlement agreement (“CSA”) in June 2000 in order to protect Plaintiff from fur...

Excerpt: ...slava Rayes de Lopez (husband and wife), are two couples who jointly purchased the property from Defendant Jesus Cruz on November 4, 2010 through a short sale. Plaintiffs allege that, through a series of fraudulent acts, Defendants worked to take title away from Plaintiffs. Defendants wrongfully transferred title of the property to Juan Jaime Cruz for the benefit of Jesus Cruz. Plaintiffs contend that they, however, are still responsible for loan...

Excerpt: ...geles Conservation Corps, Inc. (“LACC”) and Los Angeles Unified 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 a...

Excerpt: ...ively “Defendants”). The operative First Amended Complaint (“FAC”) alleges eight causes of action for: 1) race and national origin discrimination; in violation of the Fair Employment and Housing Act (“FEHA”); 2) retaliation in violation of FEHA; 3) harassment in violation of FEHA; 4) failure to prevent and remedy discrimination and/or retaliation in violation of FEHA; 5) retaliation in violation of Lab. Code section 1102.5; 6) retalia...

Excerpt: ...aintiff Don Hart (“Plaintiff” or “Don”) initiated this action against Defendants Eliran Mor (“Eliran”), Guy Hart (“Guy”), and Or Mor (“Or”) (collectively “Defendants”), alleging nine causes of action for 1) declaratory relief, 2) quiet title, 3) resulting trust, 4) negligence, 5) money had and received, 6) fraud, 7) partition, 8) accounting, and 9) rescission. On July 9, 2018, Eliran and Or (collectively, “Cross- Complai...

Excerpt: ...pursuant to CCP section 998. Plaintiff accepted the offer, and the Court entered judgment on April 12, 2019. The vehicle was purportedly surrendered on May 30, 2019. Plaintiff seeks an order pursuant to Civil Code § 1794(d) for an award of attorney's fees for the litigation for a lodestar of $20,225.15, a multiplier of .25, and costs for $617.93, for a total fee award of $25,899.33. HMA opposes. Legal Standard With respect to attorney fees and c...

Excerpt: ...y K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per<0029004800450055005800 001500130014001a0011[ On July 24, 2017, Plaintiff, represented by counsel, filed the operative second amended complaint (“SAC”) alleging two causes of action for negligence (legal m...

Excerpt: ...s 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 § 496; (10) aiding and abetting breach of duty of loyalty; and (11) aiding and abetting breach of fiduciary duty. This action arises from allegations that D...

Excerpt: ...�); Hugo Contreras (“Contreras”) and Farmers Insurance Exchange (“Farmers”) (collectively “Defendants”). The insurance/breach of contract action arises out of a fire on a commercial property located at 9254 S. Central Ave. Los Angele 90002 (the “property”). The Complaint alleges eight causes of action for: 1) breach of contract (against Hernandez); 2) Breach of Implied Covenant of Good Faith and Fair Dealing (against Hernandez); 3...

Excerpt: ...s-Benz USA, LLC's (“Defendant”) authorized service and repair facility numerous times but they were unable to repair the issues. Plaintiff filed this action against Defendant on September 20, 2016 for restitution and damages for violation of the Song-Beverly Consumer Warranty Act. On June 16, 2017, Defendant filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, I...

Excerpt: ... Defendants Xurui Wang (“Wang”), Shu Jun Zhang (“Zhang”), Solestage Inc. (“Solestage”), WHZ Shopping Inc. (“WHZ”), East West Bank (“EWB”), Citibank N.A. (“Citibank”), and Bank of America N.A. (“BOA”). Plaintiffs allege that Wang perpetrated a fraud against Plaintiffs in order to obtain a $1.2 million loan from Plaintiffs using Wang's real property located at 2008 North Western Avenue, Los Angeles (the “property�...

Excerpt: ...nch”). Crunch alleges that Defendant/Cross-Complainant Cal Select Builders, Inc. ("Cal") failed to properly perform work in a good and workmanlike manner, thus leading to water intrusion and penetration at the premises. <0026005500580051004600 004c004f004800470003[a Complaint against Cal for breach of contract, breach of warranty, negligence, gross negligence, contractual and equitable indemnity. On December 14, 2018, Cal filed a Cross-...

Excerpt: ... fee dispute between the parties regarding services rendered by Petitioner for several lawsuits involving Respondent. Petitioner claimed that Respondent owed $186,550.81 in legal fees. The claim went to arbitration before Hon. Michelle R. Rosenblatt (Ret.) on April 25, 2019 at ADR services. The arbitrator awarded the full amount to Petitioner on May 22, 2019. On June 20, 2019, Respondent filed a suit against Petitioner for breach of contract rela...

Excerpt: ... 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. Plaintiffs now move for default judgment. On July 1, 2019, the Court continued the hearing on this motion to allow Plaintiff to submit additional evidence regardi...

Excerpt: ...� 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. Plaintiffs' complaint arises from his 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 written and i...

Excerpt: ...e cause of action for: 1) Violation of Song-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; 4) fraudulent inducement – concealment; and 5) fraudulent inducement – intentional misrepresentation. Plaintiffs' complaint arises from his purchase of a 2013 Kia Optima (the “vehicle”) on May 25, 2013. Plaintiffs allege that the vehicle c...

Excerpt: ...ifornia wage and hour laws. On June 21, 2019, Nazarchuk filed a demurrer to the entire complaint on the grounds that another action pending is between the same parties, the pleading is uncertain, and that the complaint fails to state a claim. On July 10, 2019, Plaintiff filed an opposition. 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 consider...

Excerpt: ...Defendants”) property. Plaintiff/Cross-Defendant 9009 Wonderland Ave. LLC (“Plaintiff”) owns real property located at 9009 Wonderland Ave, Los Angeles 90046 (“Plaintiff's Property”). Plaintiff's property is improved with a residential triplex. Defendants own a collection of properties located at 9015, 9017, 9021 and 9027 Wonderland Avenue, Los Angeles, California 90046 (“Defendants' Property”). The 9027 property is improved with a s...

Excerpt: ...ndants”), Dos Cabezas Properties, LLC (“DCP”), Criscione-Meyer Entitlement (“CME”) (collectively, the “Buyers”), Michael Criscione (“Criscione”), Michael Meyer (“Meyer”), First American Title Company (“FATC”). The operative First Amended Complaint (“FAC”) alleges four causes of action for: 1) breach of fiduciary duty and equitable relief (against RU Defendants and Buyers); 2) accounting and equitable relief (against ...

Excerpt: ...bitration dispute regraded medical negligence claims by Petitioners against Respondents that allegedly resulted in the death of Petitioners' brother Robert Ferro (“Decedent”). Dana Susson Esq. (“Susson”) was appointed arbitrator in March 2016. Susson found in favor of Respondents. She issued and served the award in the arbitration by email on September 18, 2018. On December 14, 2018, Petitioners discovered that Susson had been appointed o...

Excerpt: ...erformance of settlement agreement; and 5) breach of contract (against Orth). The Complaint alleges that in 2000, Plaintiff sued Orth for defamation. Plaintiff and Orth entered into a confidential settlement agreement (“CSA”) in June 2000 in order to protect Plaintiff from further loss of privacy. Orth allegedly breached the agreement apparently due to her involvement in the production discussed below. Orth also allegedly did not have any int...

Excerpt: ... 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 and the Firm; 2) breach of...

Excerpt: ...o that ultimately led to his dismissal as an associate professor at the University of Southern California Dworak-Peck School of Social Work. The Court is familiar with the controversy, as two related cases are before this Court: 1) Fenwick v. University of Southern California et al.<001e000300440051004700 030015000c0003[Guerrero v. Caruso et al., LASC Case No. BS173858 (the “Petition”). The instant Complaint alleges that Plaintiff previously ...

Excerpt: ...'s motion for leave to amend is DENIED. On April 12, 2016, Plaintiffs Isabell Cerneka, Dennis Doherty, Jere Hawkins, Christopher McGrath, Louis Mifsud, Erik Pena, Lennox Vernedoe, and Susan Weinberg and Stephen Weinberg (collectively, “Plaintiffs”) commenced this action against Russell No. 8 Santa Monica Properties, LLC (“Russell Properties”), Martin Mink, Florette Mink, Terry Mink, and Rebecca Rakes (collectively, “Defendants”). The ...

Excerpt: ...ng referees and judges who officiate professional boxing events. The Defendants California State Athletic Commission (the “Commission”) and Andrew 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 ...

Excerpt: ...ode section 1793.2(d); 2) violation of Civ. Code section 1793.2(b); 3) violation of Civ. Code section 1793.2(a)(3); 4) breach of express warranty; 5) breach of the implied warranty; and 6) fraud by omission. The Complaint alleges that On August 22, 2009, Plaintiffs purchased a 2008 Saturn Aura, vehicle identification number 1G8ZV57788F277961, (the "Vehicle") which was manufactured and distributed by Defendant. The Vehicle was used primari...

Excerpt: ...en the Guarantors and the Bank regarding a Hotel investment and loan agreements. The operative First Amended Complaint (“FAC”) alleges five causes of action for: 1) breach of guaranty (6101); 2) breach of guaranty (1061); 3) money lent; 4) account stated; and 5) fair valuation. The Complaint alleges the following facts. In 2006, Center Bank made a loan to Cranberry Mall Investments, LLC; Cranberry Mall Properties, LLC; SSR, LLC; Ethan 26, LLC...

Excerpt: ...f action for: 1) retaliation and 2) wrongful termination. On April 2, 2018, Defendant answered. Plaintiffs are husband and wife. They allege on August 18, 2016, they were both hired by Defendant. Chow became the CFO for Defendant and was paid a monthly salary of $600.00. Garcia was hired as a bookkeeper and paid $15.00 an hour. On January 12, 2017, Chow was re- elected as CFO and Garcia was elected CEO, while maintaining her duties as a bookkeepe...

Excerpt: ...ntiff now moves the Court to appoint him counsel. Discussion Plaintiff cites Los Angeles County Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal.App.4th 261, 269 (“MTA”) and SB 531 (1989) for the proposition that he has a right to counsel. These authorities provide for such a right. MTA does give a detailed account of the reasoning behind certain provisions of SB 531. However, the decision does not state that litigants i...

Excerpt: ...ctment, 5) declaratory relief, and 6) injunctive relief. On July 11, 2017, Nouri brought a Cross-Complaint against the Bondarevs. The operative Second Amended Cross- Complaint (“SACC”) alleges three causes of action for 1) quiet title (prescriptive easement), 2) quiet title (equitable easement), and declaratory relief. Both complaints arise out of a dispute between the Bondarevs and Nouri regarding a deck that Nouri allegedly constructed on t...

Excerpt: ...ral negligence and premises liability. The FAC alleges that on March 4, 2016, Plaintiff was a guest at the Hollywood Palladium (“the Palladium”). There, he fell over a railing attached to a second-floor balcony area, landing on the floor below. The railing on the balcony was only 36-36.5 inches in height, which failed to meet the minimum requirements for safety and created a dangerous condition. The Palladium provided guests with liquor near ...

Excerpt: ...(“HTLP”) (collectively, “Plaintiffs” or “HTL”) filed this breach of contract/fraud action against Pacific Lift and Equipment Company, Inc. (“PLE” or “Defendant”). The operative Third Amended Complaint alleges five causes of action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE ma...

Excerpt: ...��). The operative First Amended Complaint (“FAC”) alleges two causes of action for 1) elder abuse and 2) wrongful death. The FAC allege that on August 7, 2016, Decedent fell at home and was transported to Encino Hospital. He was under their care for two weeks but was later discharged to Cedars. From August 21 to September 15, 2016, Cedars failed to consistently monitor Decedent's skin for pressure ulcers. As a result, Decedent developed stag...

Excerpt: ...Defendants Celito Fuenconcillo (“Celito”) and Esther V. Fueconcillo (“Esther”) (collectively “Defendants”) for the unlicensed home improvement construction work performed on real property owned by Plaintiff in Los Angeles, California. In November 2016 through January 2017, Defendants performed home improvement construction work and Plaintiff paid a total of $34,000.00, but Defendants were not licensed California contractors. The Compl...

Excerpt: ...anufactured by Defendant General Motors LLC (“Defendant”). On June 13, 2019, Plaintiff Federico Lazo (“Plaintiff') filed an opposed ex parte application for an order compelling the deposition of Defendant's persons most knowledgeable (“PMK”) with documents, or in the alternative, for an order shortening time for the motion to be heard. On the date of the original hearing set for the ex parte application, June 14, 2019, the Court was dar...

Excerpt: ...9; (5) Violation 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. Plaintiffs now move for default judgment. The Court notes the following issues with...

Excerpt: ...would give demeaning tasks to Plaintiff and made sexist comments towards her. Plaintiff alleges she was terminated by KDW on July 20, 2017, based on her sex and in retaliation for exercising rest break rights. On April 16, 2019, Plaintiff moved to quash a subpoena for production of business records to third-party Novel Remodeling Inc. (“Novel”) on the grounds that the sought employment records violate Plaintiff's right to privacy and are irre...

Excerpt: ...�Sesma”), American Intermodal Management LLC (“AIM”), and Trans Shipping International Inc. (“TSI”). On September 20, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging three causes of action for 1) common counts; 2) unjust enrichment; and 3) declaratory relief. The FAC alleges that on Plaintiff is a towing and rescue company. On December 17, 2017, California Highway Patrol ("CHP") requested Plainti...

Excerpt: ...r Building Services Inc. (“Defendant”). Plaintiff was employed as a janitor from April 2013 through January 2018. On November 20, 2018, Defendant filed notices of related case in this case and Maria Regaldo-Flores v. Lescord LASC Case No. BC712868 (the “Class Action suit”). On December 10, 2018, Defendant demurred to the Complaint due to lack of standing and for a plea in abatement. On January 2, 2019, Plaintiff filed an opposition. On Ja...

Excerpt: .... (“Defendant”). The Complaint alleges causes of action for: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process; 6) declaratory judgment; 7) wrongful termination; 8) failure to pay wages; 9) failure to pay overtime; 10) failure to provide itemized age statements; 11) waiting time penalties; 12) Private ...

Excerpt: ...ent cryptocurrency investment program run by Defendants. On October 10, 2018, Plaintiffs provided proof of electronic service of the FAC as to each defendant, emailed to [email protected] on September 4, 2018. On January 11, 2019, the clerk rejected entries of default as to Defendants. On March 15, 2019, Plaintiffs filed a motion for the court to enter default as to Defendants. No opposition was filed. Discussion Plaintiffs move for default o...

Excerpt: ...int. On January 24, 2019, Defendant moved for summary judgment, or in the alternative, summary adjudication regarding damages and attorneys' fees. On June 10, 2019, Plaintiff filed an opposition. On June 19, 2019, Defendant submitted a reply. 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 mer...

Excerpt: ...violation of the FEHA, Government Code section 12940, et seq., and whistleblower retaliation in violation of the Labor Code section 1102.5. Plaintiff alleges that in 2005, he complained to the Department that his supervisor, Sgt. James Sands, was sexually harassing him. In retaliation for Plaintiff's complaint, in or around April 2006, the Department terminated him in a Board of Rights proceeding. In December 2006, Plaintiff filed a lawsuit for r...

Excerpt: ...ics Advisors, LLC (“ALA”) is a general partner of Mazkat. Plaintiffs Babak Razi (“Razi”), Behnam Heshejin (“Heshejin”), the Heshfam Trust (the “Trust”), David Enzmann as Trustee (“Enzmann” or “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 ...

Excerpt: ...s delivered for them to pack. The consumer then may leave the pod in place or store the pod at a storage facility. Plaintiff alleges that Defendant ignores the necessary regulatory laws found in Bus. & Prof. Code section 21700 by implementing a “click wrap” style of contract, and thereby fail to send legally required disclosures. Plaintiff alleges that in June 2016, she moved from Oakland to Fairfield, California and contacted Defendant for i...

Excerpt: ...“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 insurance broker contracts between Plaintiff and the Day Defend...

Excerpt: ... at the end of the year. Plaintiff discovered scheme in June 2018. Plaintiff alleges Defendant's embezzlement scheme spanned from January 2014 to June 2018, which is the entire length of Defendant's employment with Plaintiff. Plaintiff commenced this on June 26, 2018. The complaint alleges the following ten causes of action: (1) fraud and deceit; (2) negligent misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) conversion...

Excerpt: ...gainst their former attorneys Defendants Best, Best & Krieger LLP (“BBK”) and Grover Trask (“Trask”) (collectively “Defendants”) on October 15, 2018. On December 14, 2018, Plaintiffs filed a First Amended Complaint (“FAC”) adding new allegations regarding venue and dismissing Trask from the suit. The dispute arises out of BBK's allegedly negligent evaluation of the legal risks associated with a for-profit business plan (the “sho...

Excerpt: ...ended Complaint (“FAC”) alleges six causes of action for disability discrimination; 2) failure to provide reasonable accommodations; 3) failure to engage in a good faith interactive process;4) retaliation; 5) failure to prevent discrimination/retaliation; and 6) wrongful termination in violation of public policy. Plaintiff alleges that she worked as a cook for Defendants from January 2018 to May 2018. On April 20, 2018, Plaintiff began to suf...

Excerpt: ...ninns (collectively “Plaintiffs”) filed this lemon law suit against Defendants BMW of North America, LLC and Century West LLC (collectively “Defendants” or “BMW”). Plaintiffs allege that their used 2012 BMW 750Li had persistent manufacturing defects that BMW's authorized dealerships were unable to repair. Plaintiffs contacted BMW seeking an appropriate remedy, but BMW denied that request. On May 14, 2019, Plaintiffs filed the instant ...

Excerpt: ...GDMG”) and GDVOD, LLC (“GDVOD”) (collectively “Defendants”). Plaintiff's suit arises from a purported conspiracy by its former CEO and business partners. J. Peterson, Mulvey, M. Peterson, and Lindsay (the “individual Defendants”) were all officers, directors, and members of GDMG, and through GDMG, were also minority owners of Plaintiff. On August 23, 2018, Plaintiff filed a First Amended Complaint in response to a demurrer to Defend...

Excerpt: ...ical Staff of Providence Saint John's Health Center and Providence Saint John's Health Center ("Defendants"). The operative First Amended Complaint (“FAC”) alleges five causes of action for: 1) Violation of Bus. & Prof. Code section 809 et seq.; 2) Wrongful Termination of Medical Staff Privileges – Denial of Fair Procedure; 3) Tortious Interference with Prospective Economic Relations; 4) Tortious Interference with Contractua...

Excerpt: ...s, LLC (“DBS”); Professional Security Consultants (“PSC”); and Thomas Bralley (“Bralley”) dba B-Sealed (“B-Sealed”) alleging two causes of action for premises liability and general negligence. The case arises from a slip-and-fall incident. On February 7, 2015, Plaintiff was a patron at the Baldwin Hills Crenshaw Plaza Mall (the “Mall”). It was raining when she exited the mall to head toward her car. She stepped onto the exteri...

Excerpt: ... (“Greene”), Road Dog LLC (collectively “Entity Defendants”), Byron Sanders, James Ramirez, and Natasha Rodriguez. Plaintiff alleges that during her employment with the Entity Defendants from July 2018 to January 2018, Sanders, Ramirez and Rodriguez made numerous inappropriate or sexual comments to her, creating a hostile work environment. Defendants unlawfully terminated Plaintiff in retaliation for several complaints she made against th...

Excerpt: ...00140018000f000300 00480003005300440055[ties filed a notice of settlement. <0049004900b60056000300 00490052005500030047[ismissal of Defendants. On April 9, 2019, Plaintiff filed the instant motion to enforce the terms of settlement pursuant to CCP section 664.6. No opposition was filed. Legal Standard Pursuant to CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or or...

Excerpt: ... his petition for writ of mandate against Respondents Rick Caruso (“Caruso”), as Chairman of the Board of Trustees; Elizabeth A. Graddy (“Graddy”), as Vice Provost for Academic and Faculty Affairs; and the University of Southern California (“USC”) (collectively, “Respondents”). On December 7, 2018, the Court sustained Respondents' demurrer to the First Amended Petition (“FAP”), with leave to amend. Petitioner filed the operati...

Excerpt: ...assault of Plaintiff Azalea C. (“Plaintiff”), a minor, by Defendant Brian Davis (“Davis”), an employee at an after-school program ran by Defendants Los Angeles Conservation Corps, Inc. (“LACC”) and Los Angeles Unified 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...

Excerpt: ...endants”). This action arises out of a dispute concerning the wind up of a joint venture between Plaintiffs and Defendants. In April 2016, the parties entered into an oral agreement (the “Joint Venture Agreement”) to collaborate in design, production and sale of garments to Ross. The Joint Venture Agreement provided specific roles for Defendants and Plaintiffs. On September 14, 2017, Defendants terminated the Joint Venture by unilaterally s...

Excerpt: ... (“Insured Property”). Plaintiff alleges that she maintained home owners' insurance and timely paid premiums for the Insured Property for the past 40 years (the “Policy”). She also notes that she similarly maintained a separate homeowners' insurance policy for a nearby secondary residence at 2422 Apollo Drive, Los Angeles, CA (“Second Property”). Plaintiff resided primarily at the Second Property, while Plaintiff's daughter and he...

Excerpt: ... Respondent Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (“Respondents”). The underlying arbitration dispute regraded medical negligence claims by Petitioners against Respondents that allegedly resulted in the death of Petitioners' brother Robert Ferro (“Decedent”). Dana Susson Esq. (“Susson”) was appointed arbitrator in March 2016. Susson found in favor of Responde...

Excerpt: ...fendant Daniel Chiu ("D. Chiu") and Rebecca Chiu ("R. Chiu") formed OGP and ARC-I in 2009-2010. D. Chiu and R. Chiu formed and were the only managing members of defendants The Bassist Corporation ("Bassist"); Rhemata LLC ("Rhemata"); Stavros LLC (“Stavros”); and Crestalliance ("Crestalliance"), each of which are real estate holding companies. The purpose of the Partnership was to build, own, and operate...

Excerpt: ... his civil rights action brought under 42 U.S.C. § 1983 against the County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per commenced this action against Defendants on February 14, 2...

Excerpt: ...r breach of contract against 1502 Rockwood and fraudulent concealment against 1502 Rockwood and Moshe. On November 15, 2017, Plaintiff dismissed the FAC without prejudice as to Moshe only. The FAC alleges that on March 12, 2014, Defendants represented and warranted to Plaintiff that Defendants, as the buyer of the subject property, intended to construct a multi-family residential and commercial structure on the property and would be incurring con...

Excerpt: ... Marvell Lenox Tell, Jr. against Defendants Ray B. Bowen, Jr. (“Bowen”); Construction Loan Company, Inc. (“CLC”); and Richard C. Jones (“Jones”). Plaintiff alleges that he was the occupant and owner of the property located at 1836 Kenneth Way, Pasadena, California (“Property”). On February 2, 2008, Plaintiff obtained a construction loan from CLC in the amount of $102,626.07 (“Loan”), and signed a Promissory Note that provided ...

Excerpt: ...f Labor Code §§ 1050, 1054; (2) defamation – slander per se; (3) intentional violation of Gov. Code §§ 3251, 3255, 3260(c)(1), (d); and (4) intentional interference with prospective economic relations. This action arises out of Plaintiff's claims 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, has made fal...

Excerpt: ... f.k.a. of Hikma, though Defendants apparently dispute this. On September 13, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for products liability related to a drug Defendants produced, prednisone. <0003004b00480003005a00 0055004c004500480047> prednisone to treat his Crohn's Disease. In June of 1992, he was convicted of murder, attempted murder, and robbery, and sentenced to life imprison...

Excerpt: ...“Plaintiffs” or “Hospitals”) commenced this action against Defendants Heritage Provider Network, Inc.; Regal Medical Group, Inc.; and Coastal Communities Physician Network, Inc. (collectively, “Defendants”). The operative Second Amended Complaint (“SAC”) alleges the seven causes of action for: 1) breach of implied-in-law contract-emergency claims; 2) breach of implied-in-law contract-post stabilization claims; 3) breach of implied...

Excerpt: ...(“CH Palladium”). On December 7, 2017, Plaintiff filed a Doe amendment naming Defendant Live Nation Worldwide Inc. (“Live Nation”) as doe 1. The operative First Amended Complaint (“FAC”) alleges two causes of action for general negligence and premises liability. The FAC alleges that on March 4, 2016, Plaintiff was a guest at the Hollywood Palladium (“the Palladium”). There, he fell over a railing attached to a second-floor balcony...

Excerpt: ... Defendant/Cross-Complainant/Cross-Defendant Spectra Company (“Spectra”), to renovate the premises. Spectra, in turn, retained Defendant/Cross-Complainant Vertical Access Inc. (“Vertical”) as a subcontractor to construct scaffolding and a sidewalk canopy. On January 13, 2016, Vertical installed the canopy. On January 14, 2018, Plaintiff Reina Lara (“Lara”) allegedly tripped on a wooden support scaffolding and fell, sustaining injuries...