Excerpt: ...ty (Govt. Code § 12940, Et Seq.); (2) Failure To Accommodate Disability (Govt. Code § 12940 (M)); (3) Failing To Engage In Timely Good Faith Interactive Process (Govt. Code § 12940 (N)); (4) Retaliation In Violation Of FEHA; (5) Failure To Prevent Discrimination And Retaliation; (6) Unlawful Denial Of Leave Pursuant To The California Family Rights Act (“CFRA”) – (Government Code § 12945.2) (7) Unlawful Denial Of Leave Pursuant To The Fa...

Excerpt: ...Plaintiff is white and male. Plaintiff's Complaint alleges the following causes of action against Defendant: (1) Declaratory Relief; and (2) Wrongful Termination in Violation of Public Policy (Gov. Code § 12940). On November 20, 2020, Defendant filed a Motion for Summary Judgment or, Alternatively, For Summary Adjudication as to Plaintiff's Complaint. On August 19, 2021, Plaintiff filed an Opposition. On August 27, 2021, Defendant filed a Reply....

Excerpt: ... Plaintiffs filed this complaint, and subsequently filed the Second Amended Complaint (“SAC”) against Defendants Edward Kim, Ginnie Cho, Seung Kang, Jung J. Kang, Young Hee Kim, Helen Lee, and Does 1 through 100 on June 4, 2018. The operative complaint asserts causes of action for: (1) Breach of Implied Warranty of Habitability; (2) Breach of Statutory Warranty of Habitability; (3) Breach of Covenant of Quiet Enjoyment; (4) Negligence; (5) Vi...

Excerpt: ...iods; 5. Failure to Provide Rest Periods; 6. Failure to Provide Accurate Wage Statements; 7. Waiting Time Penalties; and 8. Wrongful Termination. Thereafter, Defendant Calop Business Systems, Inc. (“Calop”) answered the Complaint and filed its Cross-Complaint against Cross-Defendants Castaneto and Roes 1 to 10. The operative First Amended Cross-Complaint (“FACC”) was filed on May 24, 2021 after the Court granted Plaintiff's motion to stri...

Excerpt: ...service was filed with the Motion. On April 22, 2021, Plaintiff filed a proof of service for the instant Motion as to Sunrise only. On August 31, 2021, the Court ordered Plaintiff to properly serve all of the Defendants because Welltower and Edalati had not been served with the Motion (the “Order”). On August 31, 2021, Plaintiff filed proof of service as to Welltower and Edalati. Legal Standard Pursuant to CCP §36(a), a party to a civil acti...

Excerpt: ... causes of action for: (1) Retaliatory, Predatory and Wrongful Eviction Into the Covid-19 Pandemic [Gov. Code section 12955(a)(d)(f)(g)(i)(k)]), (2) Eviction by Elder Abuse & Neglect, (3) Eviction by Elder Financial Abuse, (4) Eviction Rip-Off by False Pretenses, (5) Eviction by Unfair Practices, (6) Negligence, and (7) Negligent Denial & provision of Health Care – i.e. Malpractice This matter arises from Defendants' eviction of Ms. Hall on Apr...

Excerpt: ... 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1 through 100); 4. Ac...

Excerpt: ...lfe (hereinafter “Defendant”) now moves to strike Plaintiffs' request for punitive damages in their Complaint. Legal Standard for Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with th...

Excerpt: ... Harassment; 5. Race Discrimination; 6. Race Harassment; 7. Failure to Prevent Discrimination and Harassment; 8. Retaliation; 9. Wrongful Termination; 10. Negligent Hiring and Supervision; 11. Intentional Infliction of Emotional Distress; and 12. Failure to Pay Wages. On November 5, 2020, the Court granted Defendants Collabera and Misitano's motion to compel arbitration. Pursuant to this Order, the parties initiated the arbitration process throug...

Excerpt: ...of action of: 1. Quiet Title. On November 7, 2019, Defendant Edith Navarrete filed her answer to the Complaint as well as a Cross-Complaint against Plaintiff and Fernando Navarrete, Sr. The Cross-Complaint alleges causes of action for: 1. Cancellation of Grand Deeds; 2. Demand for Rent; 3. Demand for Payment of Loans; 4. Financial Elder Abuse; and 5. Emotional Elder Abuse. Plaintiff/Cross-Defendant Fernando Navarrete Jr. and Cross-Defendant Ferna...

Excerpt: ...mplaint asserts causes of action for: (1) Elder Abuse; and (2) Negligent Hiring and Supervision. On June 29, 2021, Plaintiff filed the instant motion to compel Defendant ECG to produce its Person Most Knowledgeable (“PMK”) for deposition and to produce documents. Legal Standard “If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination,...

Excerpt: ...ough 100. On January 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1...

Excerpt: ...ly, “Plaintiffs”) filed the instant action against Defendant Zotec Partners, LLC (“Zotec”). Plaintiffs filed the operative first amended complaint (“FAC”) on August 25, 2021 asserting causes of action for: 1. Declaratory Relief; 2. Breach of Contract; 3. Unfair Business Practices; and 4. Intentional Interference with Contractual Relations. On August 25, 2021, Zotec filed its answer as well as a Cross-Complaint against Plaintiffs, Wayn...

Excerpt: ... competition, (6) breach of fiduciary duty, (7) aiding and abetting breach of fiduciary duty, (8) violation of California Uniform Trade Secrets Act, and (9) misappropriation of confidential and/or proprietary information. On January 28, 2016, Plaintiff won a jury verdict against Defendants Ajinomoto North America, Inc. and Ajinomoto Frozen Foods, U.S.A, Inc. (“Defendants”). The jury found, among other things, that Defendants willfully and mal...

Excerpt: ...of action of: 1. Quiet Title. On November 7, 2019, Defendant Edith Navarrete filed her answer to the Complaint as well as a Cross-Complaint against Plaintiff and Fernando Navarrete, Sr. The Cross-Complaint alleges causes of action for: 1. Cancellation of Grand Deeds; 2. Demand for Rent; 3. Demand for Payment of Loans; 4. Financial Elder Abuse; and 5. Emotional Elder Abuse. Plaintiff/Cross-Defendant Fernando Navarrete Jr. and Cross-Defendant Ferna...

Excerpt: ... 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1 through 100); 4. Ac...

Excerpt: ...a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendant James C. Earle (“Defendant”) moves to compel Plaintiff Michael Scully's further responses to Defendant's Form Interrogatory (Set One) and Special Interrogatory (Set One). Legal Standard A motion to...

Excerpt: ...causes of action for: (1) Breach of Written Contract; (2) Breach of Oral Contract; (3) Fraud; (4) Negligent Misrepresentation; (5) Constructive Fraud; (6) Breach of Covenant of Good Faith and Fair Dealing; (7) Declaratory Relief; (8) Breach of Fiduciary Duty; (9) Accounting; (10) Transfer of Ownership of Company Assets; (11) Compel Payment of Paid Distributions; (12) Unjust Enrichment; (13) Partition; (14) Breach of Duty of Loyalty; and (15) Conv...

Excerpt: ...n as to Defendant. On November 18, 2019, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Malicious Prosecution; (2) Setting Aside Fraudulent Transfer; (3) Conspiracy to Defraud; and (4) Declaratory Relief. On February 7, 2020, the Court sustained Defendant's demurrer to the second, third, and fourth causes of action without leave to amend, dismissing Defendant with prejudice. In part, the Court...

Excerpt: ...esentation; and (3) Violation of the Consumer Legal Remedies Act Civil Code § 1750, et seq. On February 19, 2021, Defendant Susan Han (“Defendant”) filed a cross-complaint against Plaintiff and Roes 1 through 20, alleging the sole cause of action for: (1) Breach of Oral Contract. On February 22, 2021, Defendant served Plaintiff's prior counsel with four sets of written discovery, including Requests for Admission, Set One; Form Interrogatorie...

Excerpt: ...e. On September 9, 2021, Plaintiff, pursuant to a stipulation between the parties, filed the operative Second Amended Complaint for (1) breach of fiduciary duties, (2) concealment, and (3) common count: money had and received. On August 23, 2021, defendant FoxPoint Media, LLC (hereafter “Defendant”) filed the instant Motion to Compel Production of Business Records from non-party Netflix. Netflix filed an opposition, and an objection to Defend...

Excerpt: ...e controversy between the parties as to the actual operative 2nd Amendment to the master lease. Plaintiff now moves for summary judgment. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. ...

Excerpt: ...age disposal, electrical sockets, wall heater, and smoke and carbon monoxide detectors did not work. Defendant filed its Answer on March 26, 2021. Plaintiff filed the instant Motion to File First Amended Complaint on June 28, 2021. Defendant has not filed an opposition as of September 13, 2021. Legal Standard California Rules of Court, rule 3.1324 sets forth the requirements concerning amended pleadings. A motion to amend a pleading before trial ...

Excerpt: ...; (4) Failure to Reimburse Employee Expenses; (5) Failure to Provide Meal Breaks; (6) Failure to Provide Rest Breaks; (7) Failure to Provide Accurate and Itemized Wage Statements; (8) Unfair Business Practices; (9) Retaliation in Violation of Labor Code § 1102.5; and (10) Retaliation in Violation of Labor Code § 98.6. Defendant Barlow Respiratory Hospital (hereinafter, “Defendant”) moves for an order compelling PIH Health Downey Hospital to...

Excerpt: ...a written lease agreement. On July 16, 2021, Plaintiff filed the instant action's complaint (“Complaint”) asserting a cause of action for unlawful detainer. Plaintiff alleges that Defendants failed to vacate the Subject Premises after Plaintiff served Defendants with a 15-Day Notice to Pay or Quit the Subject Premises on June 22, 2021. Subsequently, on July 27, 2021, Defendants filed the pending Demurrer To Complaint (without a Motion to Stri...

Excerpt: ...bility – Civil Code § 1794; (3) Fraud & Deceit; (4) Negligent Misrepresentation; (5) Violation of the Unfair Competition Law, Business & Professions Code § 17200, et seq.; and (6) Violation of Vehicle Code § 11711. On August 24, 2020, the name of Defendant GGM Automotive, LLC dba Ferrari Westlake was corrected to Chi Pega, LLC dba Ferrari Westlake (“Ferrari Westlake”). On August 31, 2021, the Court granted Ferrari Westlake's motion to co...

Excerpt: ...on in Violation of FEHA (Government Code § 12940); 4. Wrongful Termination in Violation of Public Policy; 5. Failure to Prevent Harassment, Discrimination, & Retaliation in Violation of FEHA; and 6. Breach of Good Faith and Fair Dealing. Defendant ABC Plastic Fabrication, Inc. (hereinafter “Defendant”) now moves to compel arbitration pursuant to a written agreement. Legal Standard on Motion to Compel Arbitration California law incorporates m...

Excerpt: ...ure to Provide Rest Periods; 6. Failure to Provide Accurate Wage Statements; 7. Waiting Time Penalties; and 8. Wrongful Termination. Thereafter, Defendant Calop Business Systems, Inc. (“Calop”) answered the Complaint and filed its Cross-Complaint against Cross-Defendants Castaneto and Roes 1 to 10. The operative First Amended Cross-Complaint (“FACC”) was filed on May 24, 2021, after the Court granted Plaintiff's motion to strike. The FACC...

Excerpt: ...October 15, 2019, Clark filed a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendants moves to compel Plaintiff Julie Scully's (“Plaintiff”) further responses to Request for Production of Documents (Set One). Legal Standard A motion to compel further p...

Excerpt: ...ca (“Defendant”). This matter arises from Defendant's failure to repair or service defects in a vehicle (the “Vehicle”) that was manufactured by Defendant. Defendant moves the Court to compel arbitration. Legal Standard Under California 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...

Excerpt: ...assment in Violation of Government Code §§ 12940 et seq; 6. Retaliation in Violation of Government Code §§ 12940 et seq; 7. Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Government Code § 12940(k); 8. Failure to Provide Reasonable Accommodations in Violation of Government Code §§ 12940, et seq.; 9. Failure to Engage in a Good Faith Interactive Process in in Violation of Government Code §§ 12940 et seq; 10...

Excerpt: ...the instant suit against Defendant, alleging causes of action for (1) breach of the covenant of good faith and fair dealing, and (2) breach of contract. On December 14, 2018, a jury found in Plaintiff's favor and awarded him $9,935,000 (“Trial Judgment”). On February 7, 2019, Defendant filed a notice of appeal of the Trial Judgment. On March 8, 2021, the Court of Appeal reversed the Trial Judgment, remanded the matter to enter a new judgment ...

Excerpt: ...lation of the FEHA; (2) Hostile Work Environment Harassment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of FEHA; (5) Failure to Engage in the Interactive Process in Violation of FEHA; (6) Failure to Provide a Reasonable Accommodation in Violation of the FEHA; (7) Discrimination and Retaliation for Accommodation Request in Violation of the FEHA; ...

Excerpt: ...iscrimination; and (3) False Imprisonment. Defendants demur to all three causes of action and move to strike Plaintiff's requests for punitive damages. Plaintiff does not oppose the demurrer or motion to strike. The Court notes that the demurrer and motion to strike were properly served on Plaintiff. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.¿When consi...

Excerpt: ... Plaintiff's Complaint alleges the following causes of action against Defendant: (1) Declaratory Relief; and (2) Wrongful Termination in Violation of Public Policy (Gov. Code § 12940). On November 20, 2020, Defendant filed a Motion for Summary Judgment or, Alternatively, For Summary Adjudication as to Plaintiff's Complaint. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanis...

Excerpt: ... of action for: 1. Negligence; 2. Strict Liability – Warning Defect; 3. Strict Liability – Design Defect; 4. Fraudulent Concealment; and 5. Breach of Implied Warranties. Defendant WMBC now move to continue trial in this action to July 11, 2022 or to a date thereafter that is convenient to the Court on the basis that good cause exists. Legal Standard Pursuant to California Rules of Court, Rule 3.1332, “To ensure prompt dissolution of civil c...

Excerpt: ...Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty; (5) Breach of the Implied Warranty of Merchantability; and (6) Fraud by Omission. On August 10, 2021, KMA filed the instant motion to compel Plaintiffs to comply with an inspection of their vehicle. Legal Standard California Code of Civil Procedure section 2031.010 allows a party to inspect land or other property in the possession, custod...

Excerpt: ...were the prevailing parties. During the litigation of this matter the parties conducted significant discovery, which included taking Plaintiffs deposition, motions to compel, vehicle inspection, percipient witness depositions, and two expert depositions. (Olivia Decl., ¶¶ 59- 92.) In addition, the parties prepared for trial and Plaintiffs filed their proposed trial documents, Defendant served four motions in limine, Plaintiffs served their oppo...

Excerpt: ...anuary 5, 2021, Plaintiff obtained entry of default as to Karen A. Chiu. On March 9, 2021, Plaintiff filed a Request for Default Judgment as against Karen A. Chiu. On May 5, 2021, the Court continued the Order to Show Cause Re: Default Judgment for Plaintiff to remedy certain defects with her Request for Default Judgment. These defects included dismissing Stella Meng and Does 1 to 100 from the Complaint, and providing a summary of the case as req...

Excerpt: ...sability and medical condition; (2) Employment discrimination on the basis of age; (3) Failure to reasonably accommodate disability; (4) Failure to engage in a good faith interactive process; (5) Violation of CFRA and retaliation for existing rights under CFRA; (6) Failure to prevent retaliation in violation of FEHA/CFRA; (7) Harassment; (8) Failure to prevent harassment, discrimination, and retaliation; (9) Retaliation for exercising rights unde...

Excerpt: ...laintiff filed the instant motions to compel Defendant PCC to produce Lanvy Tran for deposition and to produce documents. Legal Standard “If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the depositio...

Excerpt: ...of action alleges the following violations: (1) Failure to pay minimum and straight time wages (Lab. Code, §§ 204, 1194, 1994.2, 1197); (2) Failure to pay overtime compensation (Lab. Code, §§ 1194, 1198); (3) Failure to provide meal periods (Lab. Code, §§ 226.7, 512); (4) Failure to authorize and permit rest breaks (Lab. Code, §§ 226.7); (5) Failure to indemnify necessary business expenses (Lab. Code, §§ 2802); (6) Failure to timely pay...

Excerpt: ...end as to the fourth cause of action. The demurrer is sustained with leave to amend as to the fifth cause of action. The court rules on the motion to strike as follows:  Treble damages: The motion is granted.  Pain and suffering damages: The motion is denied.  Exemplary damages under Civil Code 3340: The motion is denied.  Punitive damages: The motion is moot. BACKGROUND On June 11, 2021, Plaintiff Asper De Tyson Foundation and Sanctu...

Excerpt: ...ure whereby Plaintiffs would provide financial backing for a cannabis business that Defendant Ashby would establish and run. Defendant Ashby also allegedly induced Plaintiffs into said business venture in exchange for renumeration and some equity in the venture. On June 18, 2021, Defendant Ashby filed the pending Motion For Leave To File First Amended Answer. To date, Plaintiff has not filed any opposition papers to the pending motion. Legal Stan...

Excerpt: ...e parties to the instant action executed a settlement agreement (the “Settlement Agreement”). (See generally Declaration of Stephen Parnell ISO of Plaintiff's Motion, Exh. 1 (for the Settlement Agreement).) Now, Plaintiff moves the Court for an award of attorneys' fees and costs in the amount of $24,685.65, pursuant to California Civil Code (“Civ. Code”), section 1794(d). The parties have timely filed their opposition and reply papers in ...

Excerpt: ...cs, Inc. On December 2, 2020, the Court found that cases BC623039 and 20STCV21574 are related within the meaning of California Rules of Court, rule 3.300(a). Default was entered against Royal Distributing & Logistics, Inc. on March 1, 2021. Best Way Distribution and DOES 2 through 20 were dismissed without prejudice on March 12, 2021. The Court found on April 6, 2021, that the only remaining defendant has been defaulted. Plaintiff filed the insta...

Excerpt: ... C. Earle (“James”) (collectively “Defendants”). On October 15, 2019, Clark filed a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendants moves to compel Julie's further responses to James' Form Interrogatories (Set One) and Special Interrogatories...

Excerpt: ...(“Defendant”). This matter arises from Defendant's failure to repair or service defects in a vehicle (the “Vehicle”) that Plaintiff purchased from Defendant. Defendant moves the Court to compel arbitration. Legal Standard Under California 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) 5...

Excerpt: ... I, LLC (“LPM”), Hobart Portfolio, LLC (“HP”), and David Pourbaba (“David”) (collectively “Defendants”). The Complaint alleges in pertinent part as follows. Sometime between February 27, 2018 and March 4, 2018, there was a gas leak in the water heater/boiling, venting, and other related devices, systems and structures (the “Systems”) at the real property located at 920 South Hobart Boulevard, Los Angeles (the “Property”). ...

Excerpt: ...Plaintiff's residence at 5635 South Verdun Avenue, Los Angeles, CA 90043-2123 (County Assessor's Parcel # 5008-009-003) (the "Verdun Property"). On January 31, 2020, Plaintiff filed this action's complaint (“Complaint”) against Defendant. The Complaint asserts causes of action for: 1. Breach of Contract; 2. Violation of California Business & Professions Code § 7159; 3. Violation of California Business & Professions Code § 7163; 4. Breach of...