Excerpt: ...ement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On June 07, 2022, Defendant filed a Demurrer and a Motion to Strike Plaintiff's third and fourth causes of action. Plaintiff filed a reply on October 18, 2022. Defendant filed a reply on November 01, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the suffi...

Excerpt: ... IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (LEASE AGREEMENT) 3) BREACH OF CONTRACT (CONSULTING SERVICES AGREEMENT) 4) BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING (CONSULTING SERVICES AGREEMENT) 5) FRAUD 6) FINANCIAL ELDER ABUSE 7) VIOLATION OF BUS. & PROF. CODE §§ 17200 et seq. 8) FAILURE TO PAY MINIMUM WAGE 9) FAILURE TO PAY OVERTIME WAGES 10) FAILURE TO PROVIDE MEAL PERIODS 11) FAILURE TO PROVIDE REST PERIODS 12) FAILURE TO PA...

Excerpt: ...; and 6) Unjust Enrichment. On September 09, 2021, SNS and Kofoed filed a Cross-Complaint against Krystal Ventures, LLC (“Krystal Ventures”); CTPartners, Inc. (“CTP”); Daniel S. Kang (“Kang”) ; and Christopher D. Lee (“Lee”). The first Amended Cross-Complaint (“FACC”) alleges: 1) Fraud (Counts 1, 3, 7 & 8); 2) Breach of Contract (Count 2); 3) Negligent Misrepresentation (Counts 4 & 9.); 4) Negligent Economic Interference (Coun...

Excerpt: ...alifornia; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufacturing Defect; 6) Strict Products Liability – De...

Excerpt: ..., Section 1793.2; 2. Violation of Subdivision (b) of Civ. Code, Section 1793.2; 3. Violation of Subdivision (a)(3) of Civ. Code, Section 1793.2; 4. Breach of Express Warranty (Civ. Code, §§ 1791.2(a), 1794); 5. Breach of Implied Warranty of Merchantability (Civ. Code, §§ 1791.1, 1794, 1795.5); and 6. Fraud by Omission. On August 15, 2022, Defendant Ford moved for Summary Judgment or Summary Adjudication. On October 18, 2022, Plaintiff filed o...

Excerpt: ...n Defendants' motion is granted. The Application for Determination of Good Faith Settlement is denied. The Redfin Defendants are to give notice. Background This action arises in connection with a residence located at 2320 Berkeley Avenue in Los Angeles County, California (the “Residence”). Emily Beers (“Plaintiff”) alleges that Defendant and Seller, Prima Property, LLC (“Seller”) acquired the Residence with the intent of remodeling an...

Excerpt: ... Defendant RUSD filed a Motion to Compel the Deposition of Sara Sherman, Psy.D. No opposition or reply had been filed. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only t...

Excerpt: ...ount of $480,000.00. Following a series of financial hardships, Plaintiffs defaulted on the Deed of Trust. On September 28, 2015, The Wolf Firm, acting on behalf of Select Portfolio Servicing, Inc., filed a Notice of Default against the subject property. Subsequently, on June 29, 2021, The Wolf Firm, acting on behalf of Select Portfolio Servicing, Inc., recorded a Notice of Trustee Sale against the subject property. The subject property was, ther...

Excerpt: ...t JLRNA's Persons(s) Most Qualified. JLRNA filed opposing papers on October 12, 2022. Plaintiff filed a Reply on October 17, 2022. LEGAL STANDARD Code of Civil Procedure section 2025.450, section (a) states in relevant part: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having...

Excerpt: ...tay Proceedings. Plaintiff filed opposing papers on October 12, 2022. Defendant Nissan filed a reply on October 18, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 9...

Excerpt: ...nd Amended Complaint (SAC) asserts causes of action for: (1) Conversion; (2) Breach of Contract; and (3) Violation of Civil code section 1950.5(1). On October 25, 2022, Defendant Levi Estates, LLC filed a Cross-Complaint against Plaintiffs alleging: (1) Breach of Contract; (2) Waste; (3) Negligence; and (4) Conversion. On September 14, 2022, Defendant Levi Estates moved to Judgment on the Pleadings on Plaintiff's SAC and to Strike Influences, Inc...

Excerpt: ...int alleges the following causes of action: 1. Fraud; 2. Embezzlement; 3. Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); 4. Misappropriation of Trade Secrets; 5. Interference with Prospective Economic Advantage; 6. Intentional Interference with Contractual Relations; 7. Conversion; 8. Breach of Duty of Loyalty; 9. Violation of Business and Professions Code § 17200; 10. Injunctive Relief; 11. Loss Due to Dishonest or ...

Excerpt: ...he existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code C...

Excerpt: ... of Partnership Agreement, 2) Involuntary Dissolution, 3) Breach of Fiduciary Duty, 4) Concealment, 5) Negligent Misrepresentation, 6) Intentional misrepresentation, 7) Misappropriation, 8) Accounting, and 9) Fraudulent Transfer On March 16, 2021, Zadourian filed a Cross-Complaint against Plaintiff. Defendant's Cross-Complaint alleges the following causes of action: (1) Common Law Assault; (2) Common Law Battery; (3) Intentional Infliction of Emo...

Excerpt: ...ber 04, 2021, a Notice of Settlement was filed. On February 10, 2022, an Order of Dismissal was filed. On June 13, 2022, Plaintiff filed a Motion to Set Aside and Vacate the Dismissal and Lave to Defend the Action. Defendants filed an opposition on July 13, 2022. No reply was filed. On September 26, 2022, the hearing was continued to allow Plaintiff to file an amended proof of service. Legal Standard California Code of Civil Procedure section 473...

Excerpt: ...Work in a Good and Competent Manner; 4) Negligence; 5) Breach of Implied Covenant of Good Faith and Fair Dealing; 6) Treble Damages, Attorney's Fees, and Costs under California Code of Civil Procedure section 1029.8; and 7) Fraud under California Business & Professions Code section 7160. On April 2, 2020, Defendant filed the Cross-Complaint. The Cross-Complaint asserts causes of action for: 1) Breach of Contract; 2) Fraud; 3) Quantum Meruit; and ...

Excerpt: ...essions Code § 17200, et seq.; 5) Negligence; 6) Breach of Covenant of Quiet Enjoyment; 7) Intentional Infliction of Emotional Distress; 8) California Fair Employment and Housing Act, Cal. Gov. C. § 12955, et seq.; 9) Negligence Per Se; and 10) Violation of California Unruh Civil Rights Act. On May 27, 2022, Defendant filed a demurrer and a motion to strike Plaintiff's FAC. On September 29, 2022, Plaintiff filed opposing papers. Defendant filed...

Excerpt: ...; 3. Witness Tampering; 4. Civil Conspiracy; 5. Conspiracy In-Concert; 6. Aiding and Abetting; 7. Defamation; 8. False Representation; 9. Intentional Infliction of Emotional, Physical, and Mental Distress; 10. Gross Negligence; and 11. Breach of Fiduciary Duty. On November 10, 2020, the Court granted LAWA's Anti-SLAPP Motion in its entirety, striking Plaintiff's Complaint. Judgment was entered on December 07, 2020. On March 15, 2021, Plaintiff fi...

Excerpt: ...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) Conversion. On May 5, 2022, Plaintiffs requested an Informal Discovery Conference to be conducted on July 15, ...

Excerpt: ...C, formerly Morris Polich & Purdy, LLP (“CH”) and James C. Earle (“Earle”) (collectively “Defendants”). On October 15, 2019, CH filed a Cross-Complaint against Plaintiffs asserting causes of action for breach of contract, account stated, open book account, and work labor and services provided. On September 26, 2022, Defendants filed this Secon Motion for Terminating Sanctions. Plaintiffs filed opposing papers on October 5, 2022. On Oc...

Excerpt: ...2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, respectively. On J...

Excerpt: ...E PREMISES; 2) COLLECTION OF RENT FOR SUBSTANDARD DWELLING; 3) NUISANCE; 4) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 5) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 6) PREMISES LIABILITY; 7) BREACH OF IMPLIED WARRANTY OF HABITABILITY; 8) BREACH OF THE COVENANT OF QUIET ENJOYMENT; 9) VIOLATION OF CAL. BUS. & PROF. CODE 17200 et seq.; 10) WILLFUL INTERRUPTION OF SERVICES; 11) RETALIATION; 12) VIOLATION OF CITY OF BELL GARDENS ORDINANCE No. 900-...

Excerpt: ...77.30) 3) Wrongful Death Battery (CCP § 377.60) 4) Violation of the Bane Act (Civ. Code § 52.1) On September 09, 2022, Plaintiff filed a Motion to Seal. The Defendants filed a response in support of Plaintiffs' Motion to Seal. LEGAL STANDARD To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration contain...

Excerpt: ...e § 12940, et seq.); and 4) Retaliation in Violation of FEHA (Cal. Gov't Code § 12940, et seq.). LEGAL STANDARD “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action . . . or of any separate issue . . . .” (Code Civ. Proc., § 1048,¿subd. (b).) Additionally, “[t]he court may, when the convenience of witnesses,...

Excerpt: ...ve Economic Advantage 7) Negligent Interference with Prospective Economic Advantage On August 26, 2022, Defendant filed a Demurrer and a Motion to Strike Plaintiff's Complaint. On September 22, 022, Plaintiff filed an opposition. On October 03, 2022, Defendant filed a reply. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (See Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrer...

Excerpt: ...iff's Complaint. Plaintiff filed opposing papers on September 26, 2022. Defendants filed a reply on September 30, 2022. MEET AND CONFER Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code C...

Excerpt: ...alth Services Los Angeles County, Health Information Management, John Does and Jane Does Medical Practitioners, and Does 1 to 200. The Complaint alleges negligence and violations of the Ralph Act. On August 30, 2021, the Court convened the Case Management Conference. Plaintiff failed to appear, and no proofs of service or the CMC statement had been then filed. The Court set an Order to Show Cause Hearing as to why the Complaint should not be dism...

Excerpt: ... Ting Sung, and Ting Sung Insurance Agency. The complaint alleges the following causes of action, with some of the causes of action pleaded in separate counts against various Defendants: 1. Breach of Contract 2. Negligence 3. Negligent Failure to Obtain Insurance Coverage 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Breach of Fiduciary Duty 6. Professional Malpractice 7. Negligent Misrepresentation 8. Violation of Californi...

Excerpt: ...to 20) 2) Breach of the Implied Covenant in Escrow Contract (against Chartwell and Does 1 to 20) 3) Money had and received Common Counts (against U.S. Bank) 4) Breach of Fiduciary Duty (against Chartwell and Does 1 to 20) 5) Negligence (against Chartwell and Does 1 to 20) 7) Negligence (against Coldwell and Does 1 to 20) 8) Conversion (U.S. Bank and Does 1 to 20) 9) Preliminary and Permanent Injunction (against U.S. Bank and Chartwell) On March 1...

Excerpt: ...him. On May 18, 2022, the Court granted Plaintiff's motion to deem Requests for Admission (RFA) admitted. On September 16, 2022, Defendant moved for an order to be Relieved from Deemed Admissions. On September 21, 2022, Plaintiff filed a reply. Defendant filed an opposition on September 29, 2022. LEGAL STANDARD After a “deemed admitted order” has been entered, the party in default may seek relief from waiver by filing a motion to withdraw or ...

Excerpt: ...ment – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On April 15, 2021, the Court granted Defendant's motion for summary adjudication as to the second, fourth, and fifth causes of action and the claim for punitive damages, leaving the first On May 23, 2022, Plaintiff accepted Defendant's section 998 Offer. On May 26, 2022, Plaintiff filed a Notice of Settlement. On August 17, 2022, Plaintiff filed a Memorandum of...

Excerpt: ...s Aimee Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, Isabelle Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, and Dora Moran de Vasquez (“Plaintiffs”) filed the instant action against Defendants Annette Green (“Green”), the City of Los Angeles (“City”), the County of Los Angeles (“County”), LAUSD, and Does 1 to 50. On September 4, 2018, the City filed a Cross-Complaint against G...

Excerpt: ... On July 08, 2022, Respondent David Sergenian filed an Opposition to the Motion. Another opposition by Sergenian was filed on August 19, 2022; presumably in response to Petitioner filing a Memorandum of Points and Authorities in Support of Petition on August 05, 2022. Respondents John Pierce and Bainbridge Beck Price & Hecht LLP filed an opposition on July 15, 2022. No Reply has been filed. The hearing was continued to allow the parties to submit...

Excerpt: ...each of Implied Warranty; 3) Violation of the Song-Beverly Act Section 1793.2; 4) Fraudulent Inducement – Concealment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On March 1, 2021, this Court heard and granted Defendant Kia's Motion for Summary Adjudication as to Plaintiff's first, second, fourth and fifth causes of action, leaving only the third cause of action. On August 12, 2022, Judgment was granted in favor of Defendant...

Excerpt: ... 3) Fraud; and 4) Negligent Misrepresentation. Trial is scheduled for October 17, 2022. On August 31, 2022, Plaintiffs moved to Compel Defendant Kathryn Davenel to Appear and Produce Documents at Trial. Plaintiffs also filed a separate statement outlining Defendant's objections to the documents requested and asks the Court to overrule the objections. Defendant filed opposing papers on September 19, 2022. Plaintiff filed a reply on September 26, 2...

Excerpt: ...ment was filed. On April 18, 2022, Plaintiff filed a Memorandum of Costs. On April 18, 2022, the Court awarded Plaintiff's counsel $34,540.00 in attorney fees. (Min. Or. 04/18/22.) On August 10, 2022, Defendant's Motion to Tax Cost was denied. (Min. Or. 08/10/22.) On September 07, 2022, Plaintiff's counsel filed a supplemental motion for attorney's fees seeking to recover fees for fees incurred in opposing Defendant's Motion to Tax Costs. Plainti...

Excerpt: ...against Defendant SEE and Does 1 to 10) 2) Successor Liability (against Defendants SAI, SGEI, and Does 1 to 10) 3) Statutory Liability for Violation of Bulk Sale Statutes (against Defendants SAI, SGEI, and Does 1 to 10) 4) Intentional Voidable Transfer (against all Defendants) 5) Constructive Voidable Transfer (against all Defendants) 6) Constructive Voidable Transfer (against all Defendants) On May 24, 2022, Defendants SEE, SAI, and SGEI filed a...

Excerpt: ...lectively “Plaintiffs”) from nonparty dealer Puente Hills Ford, under a Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“Sales Contract”). The Plaintiffs allege that the Subject Vehicle has defects in breach of certain warranties under California's Song-Beverly Consumer Warranty Act (“SBA”). On April 28, 2021, Plaintiffs filed this Complaint against defendants: 1) El Centro Motors, a repair fac...

Excerpt: ... to Engage in the Interactive Process in Violation of FEHA 6. Pregnancy Discrimination in Violation of FEHA 7. Disability Discrimination (FEHA)- Wrongful Termination 8. Retaliation in Violation of CEFRA 9. Wrongful Termination in Violation of Public Policy 10. Failure to Prevent and/or Remedy Discrimination and Retaliation 11. Defamation Per Se/Per QUOD 12. IIED On June 23, 2022, Defendant Anthem, Inc. filed a Motion to Compel Arbitration. Plaint...

Excerpt: ...d amended complaint (SAC) alleges: 1) Breach of Escrow Contract (against Chartwell and Does 1 to 20) 2) Breach of the Implied Covenant in Escrow Contract (against Chartwell and Does 1 to 20) 3) Money had and received Common Counts (against U.S. Bank) 4) Breach of Fiduciary Duty (against Chartwell and Does 1 to 20) 5) Negligence (against Chartwell and Does 1 to 20) 7) Negligence (against Coldwell and Does 1 to 20) 8) Conversion (U.S. Bank and Does...

Excerpt: ...ursuant to Government Code §12940(m); 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code §12940(n); 4) Retaliation, Pursuant to Government Code §§12940(h) and 12940(m); 5) Failure to Prevent Discrimination and Retaliation, Pursuant to Government Code §12940(k); 6) Harassment in Violation of Government Code §12940(h); 7) Failure to Pay Overtime Wages (Labor Code §510); 8) Failure to Pay Minimum ...

Excerpt: ...ligence; 2) Breach of Contract; and 3) Breach of Fiduciary Duty. On August 23, 2022, Plaintiff filed this Motion seeking leave to file a Second Amended Complaint (SAC). A notice of non-opposition was filed on September 14, 2022. LEGAL STANDARD Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. California courts are required to permit liberal amendment of pleadings in the interest of justice bet...

Excerpt: ...ment in violation of FEHA; 2) Discrimination in violation of FEHA; 3) Retaliation in violation of FEHA; and 4) Failure to take necessary remedial action in violation of FEHA. On June 27, 2022, Plaintiff brought a Motion to Compel Further Responses to Request for Production of Documents, Set One, and Monetary Sanctions. No opposition or reply has been filed. On August 19, 2022, an Informal Discovery Conference (IDC) was held but no resolution was ...

Excerpt: ...– Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On April 15, 2021, the Court granted Defendant's motion for summary adjudication as to the second, fourth, and fifth causes of action and the claim for punitive damages, leaving the first and third causes of action. On May 23, 2-22, Plaintiff accepted Defendant's section 998 Offer. On May 26, 2022, Plaintiff filed a Notice of Settlement. On August 17, 2022, Plaintif...

Excerpt: ...ce) Survival Action (CCP§ 377.30) 3) Wrongful Death Battery (CCP § 377.60) 4) Violation of the Bane Act (Civ. Code § 52.1) On July 08, 2022, Defendants filed this Motion for Summary Judgment, or in the alternative, Summary Adjudication. On September 08, 2022, the Plaintiffs filed opposition papers. On September 15, 2022, Defendant filed a reply. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provid...

Excerpt: ...he vehicle within the course and scope of her employment with MV Transportation at the time of the subject accident. On April 16, 2019, Decedent's mother, Katherine Rivers, initiated the present action. On December 10, 2019, the operative First Amended Complaint was filed. The First Amended Complaint alleges the following causes of action: (1) Negligence/Wrongful Death, and (2) Survival Action. On July 9, 2019, Jocelyn Newman, Decedent's wife, in...

Excerpt: ... a five-year suspension. Despite Ortiz's suspension, he continues to engage in the unauthorized practice of the law. For this reason, the State Bar petitions this Court to assume jurisdiction over the law practice of Salvador Ortiz. On June 24, 2022, the State Bar applied ex parte for and was granted an interim order assuming jurisdiction over Ortiz's law practice. LEGAL STANDARD Business and Professions Code section 6180 provides: “When an att...

Excerpt: ...) Fraudulent Inducement – Concealment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiff's second, third, fourth, and fifth causes of action. The Court granted summary adjudication as to the fourth and fifth causes of action and denied adjudication as to the second and third causes of action. (Min. Or. 02/07/22.) On January 20, 2022, this Court granted Pla...

Excerpt: ...h alleges: 1) Violation of FEHA, unlawful discrimination on account of disability and medical condition, Govt. Code §§ 12955, et seq. 2) Violation of the Unruh Act 3) Breach of the Covenant of Quiet Enjoyment asserted against Defendant Frank Porrrata 4) Breach of the Warranty of Habitability (common law) asserted against Defendant Frank Porrata 5) Breach of the Warranty of Habitability (statutory) asserted against Defendant Frank Porrata 6) Ret...

Excerpt: ...e following causes of action: 1. Fraud; 2. Embezzlement; 3. Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); 4. Misappropriation of Trade Secrets; 5. Interference with Prospective Economic Advantage; 6. Intentional Interference with Contractual Relations; 7. Conversion; 8. Breach of Duty of Loyalty; 9. Violation of Business and Professions Code § 17200; 10. Injunctive Relief; 11. Loss Due to Dishonest or Willful Act of...

Excerpt: ...lment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiff's second, third, fourth, and fifth causes of action. The Court granted summary adjudication as to the fourth and fifth causes of action and denied adjudication as to the second and third cause of action. (Min. Or. 02/07/22.) Trial was set for May 09, 2022 but has been rescheduled for October 31, 2022. ...

Excerpt: ...ants.¿ Plaintiff's SACC alleges the following causes of action:¿ 1. Breach of Express Written Contract;¿ 2. Breach of Implied Contract;¿ 3. Breach of the Covenant of Good Faith and Fair Dealing;¿ 4. Wrongful Termination in Violation of Public Policy;¿ 5. Discrimination;¿ 6. Retaliation;¿ 7. Harassment;¿ 8. Violation of Cal. Labor Code §1101;¿ 9. Violation of Cal. Labor Code §1102;¿ 10. Violation of Cal. Labor Code §1102.5;¿ 11. Vio...

Excerpt: ...dants, alleging the following, single cause of action: (1) Violation of the Insurance Frauds Prevention Act (Ins. Code § 1871 et seq.). On May 10, 2022, Defendants filed a Special Motion to Strike Plaintiffs' Complaint (Code Civ. Proc. § 425.16). Defendants' Special Motion to Strike Plaintiffs' Complaint is now before the Court for consideration. On July 15, 2022, Plaintiff filed Opposition papers. On July 21, 2022, Defendants filed a Reply. Th...

Excerpt: .... Code §§ 342603426.11.) On April 18, 2022, Defendant Metropolitan Water District filed a demurrer to Plaintiff's FAC. On August 26, 2022, Plaintiff filed Opposition papers. Defendant filed a reply on September 01, 2022. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through ...

Excerpt: ... habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1‐4, ...

Excerpt: ... alleges the following causes of action: 1) Fraud; 2) Embezzlement; 3) Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); 4) Misappropriation of Trade Secrets; 5) Interference with Prospective Economic Advantage; 6) Intentional Interference with Contractual Relations; 7) Conversion; 8) Breach of Duty of Loyalty; 9) Violation of Business and Professions Code § 17200; 10) Injunctive Relief; 11) Loss Due to Dishonest or Wil...

Excerpt: ...abitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, resp...

Excerpt: ...on May 25, 2022. Defendant filed Opposition papers on August 23, 2022. No Reply has been filed. Legal Standard Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. (CCP) § 430.41...

Excerpt: ...stress; 7) Breach of Contract; 8) Breach of the Covenant of Quiet Enjoyment; 9) Breach of Covenant of Good Faith and Fair Dealing; 10) Fraud/Deceit/Intentional Misrepresentation of Fact; 11) Negligent Misrepresentation; and 12) Violation of Civil Code § 1950 The Complaint alleges, inter alia, that on March 9, 2019, Plaintiff rented an apartment unit from PAC located at 12142 Burbank Blvd., Valley Village CA 91607. Soon after moving in, Plaintiff...

Excerpt: ...etic Club); (2) Negligence (Gov. Code §§ 815.2 and 820) (against the City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against the City of Los Angeles and Los Angeles Police Department). On August 10, 2022, Plaintiff filed a Motion seeking Leave to File a First Amended Complaint. Defendant City of Los Angeles filed an Opposition on August 24, 2022. Plaintiff filed a Reply on August 30, ...

Excerpt: ...t Employees Insurance Company; Geico General Insurance Company; Dawn M. Grant Insurance Services, Inc; FCA US LLC (f/k/a Chrysler Group, LLC); and Does 1 to 100. The Complaint asserts causes of action for: 1. Strict Products Liability; 2. Negligence; 3. Breach of Contract; 4. Breach of the Implied Covenant of Good Faith and Fair Dealing; 5. Declaratory Relief; 6. Negligent Infliction of Emotional Distress; 7. Violation of California Unfair Compet...

Excerpt: ...ific Gardens Medical Center, LLC, (“Pacific Gardens”), Pacifica of the Valley Corporation d/b/a PHV Pacifica Hospital of the Valley (“Pacifica Hospital”), and Does 1 to 100, inclusive (collectively, the “Defendants”). The FAC asserts two causes of action against the Defendants for (1) penalties pursuant to Labor Code, Section 2699(a), and (2) penalties pursuant to Labor Code, Section 2699(f). On February 24, 2022, Defendant Aya Health...

Excerpt: ...st 17, 2022. Plaintiff filed a Reply on August 25, 2022. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.¿(Code of Civ. Proc.,...

Excerpt: ...y was dismissed as a party on July 08, 2022. On July 08, 2022, Respondent David Sergenian filed an Opposition to the Motion. Another opposition by Sergenian was filed on August 19, 2022; presumably in response to Petitioner filing a Memorandum of Points and Authorities in Support of Petition on August 05, 2022. Respondents Pierce, Sergenian filed an opposition on July 15, 2022. No Reply has been filed. Legal Standard California Code of Civil Proc...

Excerpt: ...an Opposition. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. (CCP) § 430.41.)¿¿ Defense counsel attests that on or around June 17, 2022, he a...

Excerpt: ... 04, 2021, a Notice of Settlement was filed. On February 10, 2022, an Order of Dismissal was filed. On June 13, 2022, Plaintiff filed a Motion to Set Aside and Vacate the Dismissal and Leave to Defend the Action. Defendants filed an Opposition on July 13, 2022. No Reply has been filed. Legal Standard California Code of Civil Procedure section 473 subdivision (b) provides for both discretionary and mandatory relief. (See Pagnini v. Union Bank, N.A...

Excerpt: ...o Continue Trial and Stay Discovery. On August 16, 2022, Plaintiff filed Opposition papers. Defendant filed a Reply on August 22, 2022. Legal Standard “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.” (Cal. Rules of Court (CRC) 3.1332(a).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.¿The court may grant a continuance only on a...

Excerpt: ...tiff's FAC was sustained on June 23, 2020 because another related PAGA action was pending (LASC Case No. BC690901). (Min. 06/23/20.) This case was stayed pending resolution of LASC Case No. BC690901. (Id.) On August 05, 2022, Defendant moved for a limited lifting of the stay to compel individual arbitration and dismissal of the representative PAGA Claim. Plaintiff filed opposition papers on August 18, 2022. Defendant filed a Reply on August 22, 2...

Excerpt: ... 6) Failure to Timely Provide Pay Records Upon Request (Labor Code § 226(c)) 7) Failure to Timely Provide Personnel Records Upon Request (Labor Code § 1198.5)) On April 20, 2022, Defendant filed a demurrer to Plaintiff's Complaint without a motion to strike. Plaintiff filed Opposition papers on August 15, 2022. Defendant filed a Reply on August 17, 2022. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to me...

Excerpt: ...rty, identify and facilitate the abatement of substandard conditions present within the subject property, conduct scheduled inspections of the subject property, verify compliance with state health and safety and building codes, and enforce code violations present within the subject property. On August 22, 2018, Plaintiff initiated the present action by filing a Complaint. On February 19, 2019, Plaintiff filed a First Amended Complaint. On April 1...

Excerpt: ...Civil Code $ 1790 et seq. - Breach of Express Warranty 3) Violation of the Song-Beverly Consumer Warranty Act - Failure to Promptly Repurchase; 4) Violation of the Song-Beverly Consumer Warranty Act - Failure to Provide Buy-HerePay-Here Warranty 5) Violation of the Song-Beverly Consumer Warranty Act, Civil Code $ 1790 et seq.- Breach of Implied Warranty of Merchantability 6) Violation of the Rosenthal Fair Debt Collection Practices Act, Civil Cod...

Excerpt: ...(ICRAA). A Jury Verdict in favor of the Plaintiffs was signed and filed on June 27, 2022. (Min. Or. 06/27/22.) On July 15, 2022, Defendant Abode moved to Tax Costs. Plaintiffs filed opposition papers on August 10, 2022. Defendant Abode filed a reply on August 12, 2022. Legal Standard A prevailing party in litigation may recover costs, including but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section...

Excerpt: ...y had and Received Common Counts against U.S. Bank 4) Breach of Fiduciary Duty against CEI and Does 1 to 20 5) Negligence against CEI and Does 1 through 20 6) Negligence against Coldwell Banker Realty and Does 1 to 20 7) Conversion against U.S. Bank and Does 1 to 20 8) Preliminary and Permanent Injunction against US Bank and CEI On January 03, 2022, U.S. Bank N.A. was dismissed as a Defendant, as well as all causes of action alleged against U.S. ...

Excerpt: ...representation; 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) Conversion. On May 5, 2022, Plaintiffs requested an IDC to be conducted on July 15, 2022. On July 15, 2022, the Court did not ...

Excerpt: ...2.) 2) Failure to Pay Minimum Wages (Labor Code §§ 1182.12, 1194, 1194.2, and 1197.) 3) Failure to Pay Overtime Compensation (Labor Code §§ 510, 1194.) 4) Failure to Provide Rest Breaks (Labor Code § 226.7.) 5) Failure o Provide Itemized Wage and Hour Statements (Labor Code §§226 et seq.) 6) Private Attorney General Act (Labor Code § 2699) 7) Failure to Permit Inspection of Personnel and Payroll Records (Labor Code § 1198.5.) 8) Unfair C...

Excerpt: ...es from allegations of professional malpractice committed by Defendants, who are each certified public accountants or certified accounting firms which Plaintiffs retained for the purposes of providing accounting, bookkeeping, and consulting services. Plaintiffs' Complaint alleges the following causes of action against Defendants: (1) Negligence (against Defendants Laurand Management Co., Inc. and Andrea M. Link); and (2) Negligence (against Defen...

Excerpt: ..., 2022. Plaintiff filed a Reply on August 11, 2022. Legal Standard “Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.”¿ CCP § 2025.010. “Subject to Sections 2025.270 and 2025.610, an oral deposition may ...

Excerpt: ...itability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, respec...

Excerpt: ...August 09, 2022. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿ (CCP § 1281.2; see also Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) A party petitioning to compel arbitration has the burden of establishing the existence of a valid ...

Excerpt: ...lowing causes of action: (1) To Redress Unlawful Harassment and Abusive Working Conditions; (2) To Redress Sex Discrimination; (3) To Redress National Origin Discrimination; (4) To Redress Unlawful Department of Fair Employment and Housing Discrimination; (5) To Redress Unlawful Whistleblower Retaliation; (6) To Redress Privacy Violations; and (7) To Redress Failure to Prevent Discrimination, Harassment and Retaliation. On July 20, 2022, Defendan...

Excerpt: ...; (2) Breach of Contract; (3) Rescission of Contract; (4) Fraud (Intentional Misrepresentation with Monetary Damages); (5) Restitution (Unjust Enrichment Relief); (6) Conversion; (7) Intentional Infliction of Emotional Distress; (8) Fraud and Deceit with Constructive Trust; (9) Declaratory Relief; (10) Breach of Implied in Fact Contract; (11) Negligent Infliction of Emotional Distress; and (12) Common Counts (Money Had and Received). On January 1...

Excerpt: ...ent 4. Intentional Misrepresentation 5. Negligent Misrepresentation 6. Unfair Competition Law (UCL) 7. Breach of the Covenant of Good Faith and Fair Dealing On July 19, 2022, Defendant Calculated Risk Analytics, LLC (“CRA”) filed a Demurrer without a Motion to Strike. Plaintiff filed Opposition papers on August 02, 2022. Defendant CRA filed a Reply on August 08, 2022. Meet and Confer Requirement Defense counsel, Stephani A. Sperber, asserts t...

Excerpt: ...iolation of California Uniform Trade Secret Act; (2) Breach of Fiduciary Duty; (3) Intentional Interference with Contractual Relations; (4) Breach of Contract (Loan); (5) Breach of Contract (Confidentiality Agreement); (6) Unfair Competition; (7) Aiding and Abetting Breach of Fiduciary Duty; and (8) Intentional Interference with Prospective Economic Advantage. Plaintiff's First Amended Complaint arises from the following circumstances. Plaintiff ...

Excerpt: ...otion to Strike Plaintiff's FAC on November 22, 2021. Plaintiff filed Opposition papers on August 01, 2022. Defendant Sandstone filed a Reply on August 05, 2022. The Village Square Partners LLC filed a Joiner to Sandstone's demurrer. Meet and Confer Requirement Defense counsel for Sandstone Properties, Inc. assert they sent a meet and confer letter on July 9, 2021, to Plaintiff's counsel who disagreed with the deficiencies to the cause of action,...

Excerpt: ....3 (against LLC and Does 1 to 10.) 5. IIED 6. NIED 7. Privat Nuisance 8. Intentional Misrepresentation 9. Negligent Misrepresentation 10. Unlawful Actions by Landlord to Influence Tenant to Vacate in violation of Civ. Code § 1040.2(a) 11. Negligence 12. Unfair Completion Law in violation of Bus. & Prof. Code § 17200, et seq. On May 5, 2022, Plaintiff filed two motions to compel request for production of documents, request to form interrogatorie...

Excerpt: ... 12, 2022. Defendant Kia filed Opposition paper on July 29, 2022. Plaintiff filed a Reply on July 29, 2022. Legal Standard Under the Civil Code section 1794, subdivision (d) the prevailing party in an action that arises out of the Song-Beverly Consumer Warranty Act is entitled to fees that were reasonably incurred:¿ “If the buyer prevails under this section, the buyer shall be allowed by the Court to recover as part of the judgment a sum equal...

Excerpt: ...s, including but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033(c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) Section 1033.5(c)(4) provides that “[i]tem...

Excerpt: ... the time of the subject accident. On April 16, 2019, Decedent's mother, Katherine Rivers, initiated the present action. On December 10, 2019, the operative First Amended Complaint was filed. The First Amended Complaint alleges the following causes of action: (1) Negligence/Wrongful Death, and (2) Survival Action. On July 9, 2019, Jocelyn Newman, Decedent's wife, initiated a separate action for wrongful death arising out of the death of Decedent....

Excerpt: ...gues that this case is the fifth duplicative case asserted against it arising from claims under the PAGA. For this reason, Defendant moves to stay this action. MUFG filed their Motion to Stay Proceeding on July 12, 2022. Plaintiff filed an Opposition on July 27, 2022. Defendant filed a reply on August 02, 2022. Request for Judicial Notice The Court may take judicial notice of records of any court of record of the United States. (Evid. Code § 452...

Excerpt: ...s, alleging the following, single cause of action: (1) Violation of the Insurance Frauds Prevention Act (Ins. Code § 1871 et seq.). On May 10, 2022, Defendants filed a Special Motion to Strike Plaintiffs' Complaint (Code Civ. Proc. § 425.16). Defendants' Special Motion to Strike Plaintiffs' Complaint is now before the Court for consideration. Legal Standard Code of Civil Procedure section 425.16 permits the Court to strike causes of action aris...

Excerpt: ...aintiff filed a reply on August 02, 2022. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿ (CCP § 1281.2; see also Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) A party petitioning to compel arbitration has the burden of establishing ...

Excerpt: ...e Process 4. Retaliation in Violation of the Fair Employment and Housing Act (FEHA) 5. Retaliation for Exercising Right Afforded to an Employee (Cal. Lab. Code §98.6) 6. Violation of the California Family Rights Act (CFRA) 7. Retaliation for Leave Under the California Family Rights Act (CFRA) 8. Failure to Issue Accurate Itemized Wage Statements 9. Failure to Indemnify and Reimburse in Violation of Cal. Lab. Code §§ 2802 10. Failure to Pay Wag...

Excerpt: ...filed an Ex Parte Application for an Order to Compel Plaintiff to appear for a Mental Examination, or for an Order Shortening the Time for Hearing on the Motion to Compel Plaintiff to Appeal for Mental Examination. The Court denied the Ex Parte on May 09, 2022 and ordered the District to bring a noticed motion. Defendant RUSD filed this instant Motion to compel Plaintiff's Mental Examination on May 04, 2022. Plaintiff filed Opposition papers on J...

Excerpt: ...esentation, (5) unfair 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 Defend...

Excerpt: ...amages); 5. Restitution (Unjust Enrichment Relief); 6. Conversion; 7. Intentional Infliction of Emotional Distress; 8. Fraud and Deceit with Constructive Trust; 9. Declaratory Relief; 10. Breach of Implied in Fact Contract; 11. Negligent Infliction of Emotional Distress; and 12. Common Counts (Money Had and Received). Both parties are self-represented. On March 10, 2022 Plaintiff filed a Motion for Trial Setting Preference, which Katz opposed. On...

Excerpt: ... the Interactive Process in Violation of FEHA 6. Pregnancy Discrimination in Violation of FEHA 7. Disability Discrimination (FEHA)- Wrongful Termination 8. Retaliation in Violation of CEFRA 9. Wrongful Termination in Violation of Public Policy 10. Failure to Prevent and/or Remedy Discrimination and Retaliation 11. Defamation Per Se/Per QUOD 12. IIED On June 23, 2022, Defendant Anthem, Inc. filed a Motion to Compel Arbitration. Plaintiff filed opp...

Excerpt: ...Code §§ 12940, et seq.) 4. Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) 5. Wrongful Termination in Violation of Public Policy 6. Intentional Infliction of Emotional Distress Wyngate Nursing Center filed an Amended Cross Complaint against Plaintiff on August 09, 2021. On November 4, 2021, Defendant Wyngate's demurrer to Plaintiff's Complaint was SUSTAINED with leave to amend as to the first, second, third, and sixth causes of act...

Excerpt: ...ies for Defendant's alleged violations of the Labor and Government Code. On May 14, 2021, Plaintiffs and Defendant filed a Stipulation agreeing Plaintiffs' individual (non-PAGA) causes of action will be submitted to arbitration pursuant to an existing arbitration agreement between Plaintiffs and Defendant. Plaintiffs and Defendant further agreed that Plaintiff's PAGA causes of action, including Plaintiffs' individual PAGA claims, will not be subm...

Excerpt: ... Civil Code section 1793.2; 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, Subd. (a); § 1794); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and 6. Fraud by Omission. On March 15, 2022 Plaintiffs filed a Notice of Settlement. Plaintiffs now move the Court for attorneys' fees. Legal Standard A prevailing buyer in an acti...

Excerpt: ... Retaliation in Violation of the FEHA 4. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA 5. Whistleblower Retaliation (Labor Code § 1102.5) On March 12, 2022, Defendant Los Angeles Community College District (“District” or “Defendant”) filed a Demurrer with Motion to Strike Plaintiff's SAC. Plaintiff filed opposition papers on July 14, 2022. Defendant filed a Reply on July 20, 2022. Defendant Barry ...