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: ... 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...