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...