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: ...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: ...��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...