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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...mber 2, 2020, Defendant filed two demurrers to the respective complaints. On December 4, 2020, Plaintiff filed oppositions. On January 6, 2021, Defendant filed replies. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent...

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

Excerpt: ...mber 2, 2020, Defendant filed two demurrers to the respective complaints. On December 4, 2020, Plaintiff filed oppositions. On January 6, 2021, Defendant filed replies. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent...

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

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

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

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

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

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

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

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

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

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