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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) breach of the implied warranty of habitability; 4) intentional misrepresentation; 5) negligent misrepresentation; 6) constructive eviction; and 7) negligence. The allegations of the Complaint arise out of a lease agreement for a high-end Hancock Park residential property located at 136 Freemont Place, Los Angeles, CA 90005 (the "Premises"). On or about Septemb...

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

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

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

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

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

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

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

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

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

Excerpt: ...parties represented that the case was settled. On October 2, 2020, Plaintiff filed the instant motion for attorneys' fees pursuant to the parties' settlement agreement and Civil Code § 1794(d). On October 21, 2020, Defendants filed an opposition. On October 27, 2020, Plaintiff filed a reply. Legal Standard With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and...

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

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

Excerpt: ...f action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE maintains a cross-complaint against HTLA for breach of contract. On February 10, 2016, PLE filed a cross-Complaint against Hooman Nissani for breach of contract. On June 21, 2019, PLE added HTLP as a roe. On February 20, 2020, the Court granted...