Excerpt: ...rwest LLC (collectively, “Shurwest”), CMAM Inc. dba Heritage Financial Services (“CMAM”), Albert Andrew Manfre (“A. Manfre”), Jeanette Manfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Pla...

Excerpt: ... subcontractor work, So. Coast & Valley Roofing, Inc. (“So. Coast”) alleges that it has completed all work to be performed pursuant to the contract between the parties, yet Defendant CBCI Construction, Inc. (“CBCI”) refuse to pay So. Coast the balance of the money due in the amount of $191,838.84. So. Coast alleges that on February 15, 2017, the parties entered into a written subcontract agreement for So. Coast to install roofing material...

Excerpt: ...intiff was assigned to work 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 ...

Excerpt: ...rles P. Garcia brought this employment suit against Defendants ALPFA Inc., ALPFA Foundation (collectively, “ALPFA”). Plaintiff also sues the current/former Board members of ALPFA Defendants Hector Perez, Yvonne Garcia, Daniel Villao, Gabriel Rodriguez Jr., Reynaldo Gonzalez, Damaris Schneider, Genaro Perez, and Marcela Aldaz-Matos (collectively the Board Defendants). Plaintiff brings this suit in his individual and in a derivative capacity un...

Excerpt: ...18, Plaintiff filed First Amended Complaint (“FAC”), the operative pleading, alleging eight causes of action: 1) breach of fiduciary duty, 2) breach of covenant of good faith and fair dealing, 3) unfair business practices, 4) deceit, 5) fraud, 6) fraudulent conveyance, 7) civil conspiracy, and 8) violations of Civ. Code sections 1185. This case involves a dispute between siblings, Plaintiff and Defendant Giesel Richmond (“Giesel”), over t...

Excerpt: ...eclarations of Coverage. MPT seeks a judicial determination that it has no duty to defend or indemnify Defendants as to the lawsuit entitled Frank Bredice, D. C., v. Andrew Kochan, MD., et al., LASC Case No. 19STCV16302 (the “Bredice suit”). In that suit, Bredice sues Kochan for medical malpractice related to the use of dirty needles that lead to an infection. MPT alleges that Kochan admitted that he added notes to the medical records of Bred...

Excerpt: ...an authorized service and repair facility numerous times, but they were unable to repair the issues. The operative First Amended Complaint states three causes of action for: 1) Song-Beverly Consumer Warranty Act; 2) fraud; and 3) negligent misrepresentation. On June 16, 2017, MBUSA filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, Inc. On June 20, 2017, Takata fi...

Excerpt: ...ion against Defendants Blythe/Windsor Country Park Healthcare Center LLC dba Windsor Gardens Convalescent Center of Long Beach (erroneously sued as Windsor Gardens of Long Beach) (“Windsor Gardens”) and S&F Management Company, LLC (“S&F”). The complaint alleges four causes of action against Defendants for elder abuse, violation of Health & Safety Code § 1430(b), willful misconduct, and wrongful death. Ms. Bryant was 91 <00480056004c00470...

Excerpt: ...n violation of Lab. Code §§ 1102.5; 3) defamation; 4) false light; 5) wrongful termination; and 6) unfair business practices. The Complaint alleges that Plaintiff was employed as a commercial truck driver by Harrison- Nichols Company LLC (“Harrison”) from 2002 to 2017. In January 2018, Defendant acquired Harrison and Plaintiff became an employee of Defendant. Upon beginning to work for Defendant, she observed that Defendant's trucks had ser...

Excerpt: ...nfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Plaintiff is an elder and a widow who was the victim of an investment scam by Defendants. She generally alleges that after her husband's death, she was ...

Excerpt: ... 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 alleges that Defendants initially agreed to sell a high-rise penthouse condominium located at 702 S. Serrano Ave., Los Ange...

Excerpt: ...��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 agreement; 7) promissory fraud; 8) slander of title; and 9) decl...

Excerpt: ...' fees allegations. On January 31, 2019, Plaintiffs Alexander and Marianne Tereszcuk (collectively, “Plaintiffs” or the “Tereszcuks”) filed the instant habitability action against Defendants PLB Management LLC (“PLB”) and Prime/Park Labrea Titleholder LLC (“Prime”) (collectively, “Defendants”). The complaint alleges 13 causes of action for 1) breach of warranty of habitability (Civ. Code § 1941.1); 2) breach of warranty of ha...

Excerpt: ...ment. On October 15, 2018, Defendant filed an answer and Cross-Complaint. On July 2, 2019, Defendant filed a motion to compel initial discovery responses from Plaintiff as to 1) form interrogatories (set one), 2) form interrogatories (set two); 3) requests for production of documents, and 4) special interrogatories (set one). On August 29, 2019, Plaintiff filed an opposition. On September 4, 2019, Defendant filed a reply. Legal Standard If a part...

Excerpt: ...osure by Plaintiff Marvell Lenox Tell, Jr. against Defendants Ray B. Bowen, Jr. (“Bowen”); Construction Loan Company, Inc. (“CLC”); and Richard C. Jones (“Jones”). Plaintiff alleges that he was the occupant and owner of the property located at 1836 Kenneth Way, Pasadena, California (“Property”). On February 2, 2008, Plaintiff obtained a construction loan from CLC in the amount of $102,626.07 (“Loan”) and signed a Promissory No...

Excerpt: ...fs, in the complaint, assert causes of action against West Coast for financial abuse of dependent adults, fraudulent inducement, breach of contract, and rescission. In deciding a petition to compel arbitration, trial courts must first decide whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue of whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocer...

Excerpt: ... (the “Premises”). The Premises is in a documented high crime neighborhood. On November 26, 2018, Plaintiffs Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises because security guards had been hired. On No...

Excerpt: ...(the “Trust”) (collectively “Defendants”) demur to the 1 st (negligence), 2 nd (premises liability), 3 rd (fraudulent concealment – Labor Code §3602(b)(2)), 4 th<000f000300440051004700 000c000f000300440051[d 5th (violations of Labor Code §3751) causes of action in the first amended complaint of Plaintiff Elvis Quintanilla (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action...

Excerpt: ... environment; (3) failure to prevent harassment and hostile work environment; (4) retaliation; (5) wrongful termination in violation of public policy; (6) failure to provide overtime wage compensation; (7) failure to provide rest breaks; (8) failure to provide meal breaks; (9) failure to provide accurate itemized statement; (10) waiting time penalties; and (11) unfair business practices. Plaintiff later dismissed his wage and hour claims after he...

Excerpt: ...ury and loss of property. A lawsuit ensued entitled Hall et al v. Darwish, No. 590936 (L.A. Sup. Ct. 2015) (“Hall Action”). Plaintiffs promptly tendered defense of the Hall action to their insurers, Defendants, and Defendants assumed control of the defense of the action and engaged counsel Mr. Fields. Fields failed to adequately defend the action. On October 23, 2017, Defendants agreed as required by Civil Code section 2860(a) to appoint Cumi...

Excerpt: ... § 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) unfair competition in violation of Bus. and Prof. Code § 17200, et seq., (8) Wrongful Retaliation/ Termination On July 18, 2019, Plaintiff moved t...

Excerpt: ...rmination action against Defendants United Parcel Service (“UPS”), John Pipkin, and Dennis Corrigan. Pipkin and Corrigan were UPS supervisors. The complaint, filed on March 5, 2019, has causes of action for: (1) VIOLATION OF LABOR CODE § 1102.5; (2) VIOLATION OF LABOR CODE § 98.6; (3) WRONGFUL TERMINATION OF EMPLOYMENT IN VIOLATION OF PUBLIC POLICY; (4) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; (5) VIOLATION OF CIVIL CODE § 51.7 (6) AS...

Excerpt: ...oomaker LLC (“Winslow”), BKIP LLC (“BKIP”), Alvin Joiner (“Joiner”), David Aguilar (“Aguilar”), Mike Healy, (“Healy”) Ryan Rezaie (“Rezaie”), Andre R. Young (“Young”), and ARY Inc. (“ARY”). Plaintiffs allege that Defendants defrauded them out of their share of a 14.5% ownership interest in an enterprise to sell recreational marijuana under the premium label “Brass Knuckles.” The Complaint alleges nine causes of...

Excerpt: ...ivate nuisance, permanent private nuisance, quiet title, and declaratory relief. On February 5, 2019, M. Chiles and J. Chiles filed a cross-complaint against PVPLC, County of Los Angeles, Dana Lynne Mendel, Lisa Mendel Platt, and Zelda Miller, asserting causes of action for easement by prescription, lateral and subjacent support, imposition of an equitable, resulting, or constructive trust, easement by implication, nuisance/waste, rescission, equ...

Excerpt: ...lleging non-payment for subcontractor work, So. Coast & Valley Roofing, Inc. (“So. Coast”) alleges that it has completed all work to be performed pursuant to the contract between the parties, yet Defendant CBCI Construction, Inc. (“CBCI”) refuse to pay So. Coast the balance of the money due in the amount of $191,838.84. So. Coast alleges that on February 15, 2017, the parties entered into a written subcontract agreement for So. Coast to i...

Excerpt: ...��) on April 23, 2019. The operative First Amended Complaint (“FAC”) alleges that Plaintiff was hired as a sales representative for Defendants. Defendants are all alter egos of one another. In or around Spring 2016, a warehouse manager began making inappropriate comments to Plaintiff who was the only non-Mexican employee. In or around May 2017, Plaintiff learned his wife was diagnosed with severe depression and was recommended to move to Sout...

Excerpt: ...the vehicle to an authorized service and repair facility numerous times but they were unable to repair the issues. The operative First Amended Complaint states three causes of action for: 1) Song-Beverly Consumer Warranty Act; 2) fraud; and 3) negligent misrepresentation. On June 16, 2017, MBUSA filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, Inc. On June 20, 2...

Excerpt: ... William Espinoza (“Espinoza”), Donald Jasso (“Jasso”), Eric Jaeger (“Jaeger”), Daniel Klimek (“Klimek”), Eva Mejia (“Mejia”), Michael Miller (“Miller”), Daria Morena (“Morena”), Jose Ochoa (“Ochoa”), Vincent Poy (“Poy”), Mark Real (“Real”), Paris Taylor (“Taylor”), and Ryan Venegas (“Venegas”) (collectively, “Plaintiffs”) brought the instant employment action against their former employer, Webe...

Excerpt: ...2019, Defendant filed the instant motion to compel arbitration against Plaintiff. On August 2, 2019, Plaintiff filed an opposition. On August 15, 2019, Defendant filed a reply. 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<004b004800550003004400 510003[ agr...

Excerpt: ...rty located at 9254 S. Central Ave. Los Angele 90002 (the “property”). The Complaint alleges eight causes of action for: 1) breach of contract (against Hernandez); 2) Breach of Implied Covenant of Good Faith and Fair Dealing (against Hernandez); 3) Intentional Misrepresentation (against Hernandez and Contreras); 4) Conspiracy (against Hernandez and Contreras); 5) Negligent Misrepresentation (against Hernandez and Contreras); 6) breach of duty...

Excerpt: ...to provide meal breaks, failed to provide rest breaks and other labor code violations. On June 22, 2017, Plaintiff complained to Defendant regarding improper tip calculations. In retaliation, Defendants took Plaintiff off the schedule, resulting in her constructive discharge. The Complaint states twelve causes of action for: (1) Failure to Pay Gratuities in Violation of California Labor Code § 351; (2) Failure to Pay Gratuity Timely; (3) Failure...

Excerpt: ...llectively “Defendants). The Complaint alleges five causes of action for: 1) Fraud (against Orth); 2) defamation; 3) false light – invasion of privacy; 4) specific performance of settlement agreement; and 5) breach of contract (against Orth). The Complaint alleges that in 2000, Plaintiff sued Orth for defamation. Plaintiff and Orth entered into a confidential settlement agreement (“CSA”) in June 2000 in order to protect Plaintiff from fur...

Excerpt: ...geles Conservation Corps, Inc. (“LACC”) and Los Angeles Unified School District (“LAUSD”). At the time of the assault, Plaintiff was 15 years old. Plaintiff alleges that beginning in March 2017, Plaintiff was regularly volunteering to assist younger students with their studies at her younger sister's elementary school, Normandy Avenue Elementary School (the “School”). LACC enrolled Davis into a program that provided job training for a...

Excerpt: ...slava Rayes de Lopez (husband and wife), are two couples who jointly purchased the property from Defendant Jesus Cruz on November 4, 2010 through a short sale. Plaintiffs allege that, through a series of fraudulent acts, Defendants worked to take title away from Plaintiffs. Defendants wrongfully transferred title of the property to Juan Jaime Cruz for the benefit of Jesus Cruz. Plaintiffs contend that they, however, are still responsible for loan...

Excerpt: ...ively “Defendants”). The operative First Amended Complaint (“FAC”) alleges eight causes of action for: 1) race and national origin discrimination; in violation of the Fair Employment and Housing Act (“FEHA”); 2) retaliation in violation of FEHA; 3) harassment in violation of FEHA; 4) failure to prevent and remedy discrimination and/or retaliation in violation of FEHA; 5) retaliation in violation of Lab. Code section 1102.5; 6) retalia...

Excerpt: ...aintiff Don Hart (“Plaintiff” or “Don”) initiated this action against Defendants Eliran Mor (“Eliran”), Guy Hart (“Guy”), and Or Mor (“Or”) (collectively “Defendants”), alleging nine causes of action for 1) declaratory relief, 2) quiet title, 3) resulting trust, 4) negligence, 5) money had and received, 6) fraud, 7) partition, 8) accounting, and 9) rescission. On July 9, 2018, Eliran and Or (collectively, “Cross- Complai...

Excerpt: ...pursuant to CCP section 998. Plaintiff accepted the offer, and the Court entered judgment on April 12, 2019. The vehicle was purportedly surrendered on May 30, 2019. Plaintiff seeks an order pursuant to Civil Code § 1794(d) for an award of attorney's fees for the litigation for a lodestar of $20,225.15, a multiplier of .25, and costs for $617.93, for a total fee award of $25,899.33. HMA opposes. Legal Standard With respect to attorney fees and c...

Excerpt: ...s 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 § 496; (10) aiding and abetting breach of duty of loyalty; and (11) aiding and abetting breach of fiduciary duty. This action arises from allegations that D...

Excerpt: ...y K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per<0029004800450055005800 001500130014001a0011[ On July 24, 2017, Plaintiff, represented by counsel, filed the operative second amended complaint (“SAC”) alleging two causes of action for negligence (legal m...

Excerpt: ...�); Hugo Contreras (“Contreras”) and Farmers Insurance Exchange (“Farmers”) (collectively “Defendants”). The insurance/breach of contract action arises out of a fire on a commercial property located at 9254 S. Central Ave. Los Angele 90002 (the “property”). The Complaint alleges eight causes of action for: 1) breach of contract (against Hernandez); 2) Breach of Implied Covenant of Good Faith and Fair Dealing (against Hernandez); 3...

Excerpt: ...s-Benz USA, LLC's (“Defendant”) authorized service and repair facility numerous times but they were unable to repair the issues. Plaintiff filed this action against Defendant on September 20, 2016 for restitution and damages for violation of the Song-Beverly Consumer Warranty Act. On June 16, 2017, Defendant filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, I...

Excerpt: ...nch”). Crunch alleges that Defendant/Cross-Complainant Cal Select Builders, Inc. ("Cal") failed to properly perform work in a good and workmanlike manner, thus leading to water intrusion and penetration at the premises. <0026005500580051004600 004c004f004800470003[a Complaint against Cal for breach of contract, breach of warranty, negligence, gross negligence, contractual and equitable indemnity. On December 14, 2018, Cal filed a Cross-...

Excerpt: ... Defendants Xurui Wang (“Wang”), Shu Jun Zhang (“Zhang”), Solestage Inc. (“Solestage”), WHZ Shopping Inc. (“WHZ”), East West Bank (“EWB”), Citibank N.A. (“Citibank”), and Bank of America N.A. (“BOA”). Plaintiffs allege that Wang perpetrated a fraud against Plaintiffs in order to obtain a $1.2 million loan from Plaintiffs using Wang's real property located at 2008 North Western Avenue, Los Angeles (the “property�...

Excerpt: ... fee dispute between the parties regarding services rendered by Petitioner for several lawsuits involving Respondent. Petitioner claimed that Respondent owed $186,550.81 in legal fees. The claim went to arbitration before Hon. Michelle R. Rosenblatt (Ret.) on April 25, 2019 at ADR services. The arbitrator awarded the full amount to Petitioner on May 22, 2019. On June 20, 2019, Respondent filed a suit against Petitioner for breach of contract rela...

Excerpt: ... 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. Plaintiffs now move for default judgment. On July 1, 2019, the Court continued the hearing on this motion to allow Plaintiff to submit additional evidence regardi...

Excerpt: ...� 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. Plaintiffs' complaint arises from his 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 written and i...

Excerpt: ...e cause of action for: 1) Violation of Song-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; 4) fraudulent inducement – concealment; and 5) fraudulent inducement – intentional misrepresentation. Plaintiffs' complaint arises from his purchase of a 2013 Kia Optima (the “vehicle”) on May 25, 2013. Plaintiffs allege that the vehicle c...

Excerpt: ...ifornia wage and hour laws. On June 21, 2019, Nazarchuk filed a demurrer to the entire complaint on the grounds that another action pending is between the same parties, the pleading is uncertain, and that the complaint fails to state a claim. On July 10, 2019, Plaintiff filed an opposition. 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 consider...

Excerpt: ...ral negligence and premises liability. The FAC alleges that on March 4, 2016, Plaintiff was a guest at the Hollywood Palladium (“the Palladium”). There, he fell over a railing attached to a second-floor balcony area, landing on the floor below. The railing on the balcony was only 36-36.5 inches in height, which failed to meet the minimum requirements for safety and created a dangerous condition. The Palladium provided guests with liquor near ...

Excerpt: ...(“HTLP”) (collectively, “Plaintiffs” or “HTL”) filed this breach of contract/fraud action against Pacific Lift and Equipment Company, Inc. (“PLE” or “Defendant”). The operative Third Amended Complaint alleges five causes of 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 ma...