Excerpt: ... 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) (6) Fraudulent Inducement – Concealment (7) Negligent Repair On October 13, 2021, this Court granted Defendants' request for summary adjudication as to the Plaintiff's sixth cause of action for fraudulent inducement and claim for punitive dam...

Excerpt: ...iled Opposition Papers. Defendant filed a reply on July 19, 2022. 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. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, sub...

Excerpt: ...laims against Defendant County of Los Angeles (“County”) and allege assault, battery, and other claims against Individual Defendants Rafael “Rene” Munoz (“Munoz”), Gregory Rodriguez (“Rodriguez”), David Silverio (“Silverio”), and Michael Hernandez (“M.Hernandez”) (collectively “Individual Defendants”). On September 18, 2019 Plaintiffs filed a Complaint. The operative pleading is the Sixth Amended Complaint (“SAC”)....

Excerpt: ..., 2017, Plaintiffs 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-Co...

Excerpt: ...and California Family Rights Act, among other things. On August 24, 2021, Plaintiff filed the instant Motion to Compel Defendant's Further Responses to Form Interrogatories – General (Set One), Form Interrogatories – Employment Law (Set One), and Special Interrogatories (Set One). On May 12, 2022 and July 13, 2022 Defendant served further responses to the discovery at issue, except to Special Interrogatories Nos. 1, 3, 23-26, 46, 48, 74-77, a...

Excerpt: ...ch of Implied Warranty – Violation of the Song-Beverly Act On January 13, 2022, Plaintiff filed a Joint Notice of Settlement of Entire Case. On May 3, 2022, Defendant Mercedes-Benz USA, LLC filed a Motion to Tax Costs. On June 15, 2022, Plaintiff Sam Navid filed an opposition to Defendant's Motion to Tax Costs. On June 21, 2022, Defendant filed a reply to Plaintiff's opposition. On June 28, 2022, after hearing oral argument, the Court continued...

Excerpt: ...lleges the same causes of action as the Complaint. Defendant now demurs to the sixth cause of action and moves to strike Plaintiffs' claim for punitive damages. 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 considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006)...

Excerpt: ...eges, in relevant part, that Defendant failed to pay Plaintiff the appropriate wages, not allowed to take rest breaks and uninterrupted meal periods. (Compl., ¶¶ 18-26.) In addition, Defendant discriminated against Plaintiff for his disability/medical condition following injuries sustained in a motor vehicle accident, and failed to accommodate Plaintiff for his disability/medical condition. (Compl., ¶¶ 27-34, 41-42.) Ultimately, Defendant wro...

Excerpt: ...Defendants.¿ Plaintiff's SAC 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;¿...

Excerpt: ...anty Act by failing to repair the aforementioned defects, and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiff initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song- Beverly Consumer Warranty Act—Breach of Express Warranty; (2) Violation of Song-Beverly Consumer Warranty Act—Breach of Implied Warranty...

Excerpt: ...3. Unfair Business Practices (against State Farm and Does 1-10); and 4. Intentional Infliction of Emotional Distress (IIED) (against State Farm and Does 1-10). On January 18, 2022, Defendant Rex Heyer filed a Demurrer with Motion to Strike. On July 05, 2022, Plaintiff filed opposition papers. Defendant Heyer filed a Reply on July 11, 2022. On January 21, 2022, State Farm also filed a Demurrer with a Motion to Strike. Legal Standard on Demurrer A ...

Excerpt: ...s Daniel Karayan (“Karayan”), Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). The Complaint alleges, inter alia, Plaintiff hired Karayan and his consulting business KCG as independent contractors, and Karayan was to perform 189 hours of work at a rate of $120/hour, totaling $22,680. Nevertheless, Plaintiff paid Karayan $57,162 based on invoices submitted through February 16, 2020, which was beyond the agree...

Excerpt: ... 4. FEHA Harassment: Work Environment Harassment; 5. FEHA Retaliation; 6. FEHA Failure to Prevent Harassment, Discrimination, or Retaliation; and 7. Wrongful Discharge in Violation of Public Policy. On June 1, 2022, Defendant PT OPCO, LLC dba Pink Taco (hereinafter, “Defendant”) filed the instant motion to compel arbitration. Plaintiff opposes. Legal Standard on Motion to Compel Arbitration California law incorporates many of the basic policy...

Excerpt: ...ovide Reasonable Accommodations Pursuant 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...

Excerpt: ...l Termination in Violation of Public Policy; (3) Failure to Pay Wages (Cal. Labor Code §§ 201, 1194); (4) Failure to Pay Sick Days (Cal. Labor Code §§ 233, 246, 246.5); (5) Failure to Pay Minimum Wages (Cal. Labor Code §§ 1182.12, 1194, 1194.2, 1197); (6) Failure to Pay Overtime Compensation (Cal. Labor Code §§ 226.7, 512); (7) Failure to Provide Meal and Rest Periods (Cal. Labor Code §§ 226.7, 512); (8) Failure to Provide Itemized Wage...

Excerpt: ...ontract; 2. Breach of Oral Contract; and 3. Breach of the Implied Covenant of Good Faith and Fair Dealing. On May 10, 2022, Defendants demurred to the first, second, and third causes of action based on a failure to allege facts sufficient to constitute a cause of action. Specifically, Defendants argue there is no binding written or oral contract between the parties. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint...

Excerpt: ...anted Trojan's motion for judgment on the pleadings without leave to amend. The Complaint was dismissed with prejudice. On October 6, 2020, PS Funding (hereinafter Cross-Complainant” or “PS Funding”) filed a Cross-Complaint against Trojan; Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee to Lehman XS Trust Mortgage Pass-through Certificates, Series 2006-13 (“Wilmington”); Nationstar Mortgage LLC ...

Excerpt: ...scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Gralitzer drank alcohol and became severely intoxicated. Thereafter, Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four year-old pedestrian, Noah Benardout (“Decedent”), and fur...

Excerpt: ...mpetition Law). On November 02, 2021, Plaintiffs filed a Second Amended Complaint (SAC) asserting: 1. Defamation: Libel Per Se (against Defendant Hinojosa) 2. Defamation: Slander (against Defendant Hinojosa) 3. Violation of Business and Professional Code: Unfair Competition Law (Plaintiff Robles against Defendant Hinojosa) 4. Negligence (Defendant PAAC) 5. Breach of Fiduciary Duty (Defendant PAAC and CCOPA) On December 02, 2021, Defendant PAAC fi...

Excerpt: ...ch of Express Written Contract; 2. Breach of Implied Contract; 3. Breach of 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. Violation of Cal. Labor Code §1198.5; 12. Fraudulent Inducement; 13. Intentional Infliction of Emoti...

Excerpt: .... Declaratory Relief 7. Constructive Trust On January 24, 2022, Defendants filed a demurrer without a motion to strike to Plaintiff's Complaint. On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Christian Church. On May 16, 2022, the Court granted Plaintiff's motion to consolidate cases 21STCV35730 and 22CMUD00149, with this case (21STCV35730) as the lead case. On June 22, 2022,...

Excerpt: ..., battery, and other claims against the individual Defendants. On August 17, 2020, the Court (Hon. Randolph Hammock) issued a protective order to protection confidential information, following the in-camera review and ordered production of certain records. Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus (collectively “Plaintiffs”) now move to compel p...

Excerpt: ...rises out of a joint venture agreement between Plaintiff and Defendant. Defendant failed to answer the Complaint. On August 13, 2021, default was entered by the Clerk of Court. On November 19, 2021, Plaintiff filed a Notice of Entry of Default Judgment. On February 14, 2022, Defendant Golden State Residential Property Investments, LLC filed a Motion To Vacate Default Judgment. On April 6, 2022, on the Court's own motion, the Hearing on Motion to ...

Excerpt: ... alleges the existence of a joint venture between the parties whereby Plaintiff would locate properties for Defendants to acquire and improve and broker the sale to Defendants commission- free, and, in exchange, Plaintiff would have the right to broker the sale of the improved property. Plaintiff's benefit of the arrangement was the commission earned in the resale of the improved property, as well as the prospective profit from meeting potential ...

Excerpt: ...ersonal belongings in exchange for Plaintiff's payment of a monthly storage fee. Plaintiff paid the required monthly storage fee until the beginning of the COVID-19 Pandemic (“Pandemic”). Plaintiff requested Defendant defer the monthly rental payment until the end of the Pandemic as Plaintiff was experiencing financial difficulty, to which Defendant agreed. However, on November 11, 2020, Defendant seemingly withdrew such an oral agreement and...

Excerpt: ...seq. The cause of action alleges the following violations: a. Failure to provide meal periods in violation of Labor Code sections 226.7, 512(a), and 1198; b. Failure to provide rest periods in violation of Labor Code section 226.7 and 1198; c. Failure to pay minimum wages in violation of Labor Code sections 1182.12, 1194, 1197, 1197.1, and 1198; d. Failure to pay overtime in violation of Labor Code sections 510 and 1198; e. Failure to provide and...

Excerpt: ...; (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, the Plaintiff rented an apartment unit from PAC located at 12142 Burbank Blvd., Valley Village CA 91607. Soon after moving in, Plai...

Excerpt: ...isease. (Compl., ¶ 15.) Plaintiff alleges these medical conditions limited his daily life activities, and necessitated frequent medical visits and time off during work hours throughout his employment with Defendants. (Ibid.) Plaintiff alleges he was targeted by Defendants due to his medical disability and age, and ultimately wrongfully terminated. (Id. ¶¶ 15-17, 29-30.) Plaintiff's Complaint alleges the following causes of action against Defen...

Excerpt: ...nty Act by failing to repair the aforementioned defects, and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiff initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song- Beverly Consumer Warranty Act—Breach of Express Warranty; (2) Violation of Song-Beverly Consumer Warranty Act—Breach of Implied Warranty;...

Excerpt: ...s residence at 5635 South Verdun Avenue, Los Angeles, CA 90043-2123 (the "Property"). Plaintiff demurs to the breach of contract cause of action in the Third Amended Cross-Complaint (the “TACC”). 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 considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los ...

Excerpt: ... 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 18, 2022, Katz filed his answer to the Complaint. On March 10, 2022, Plaintiff filed the instant mot...

Excerpt: ...racy to Defraud; and (5) Alter Ego. On May 10, 2022, the Court dismissed the instant action based on Plaintiff's failure to prosecute and failure to serve the complaint upon the Defendants within three years after the action was commenced. Plaintiff now seeks to set aside the dismissal pursuant to Code of Civil Procedure §473, subdivision (b). Legal Standard Code of Civil Procedure § 473, subdivision (b) provides a means for relief from default...

Excerpt: ...; (2) Violation of the Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act § 1793.2 The Complaint alleges, inter alia, that, on March 7, 2015, Plaintiff purchased a used 2013 Jaguar XF, and certain express warranties accompanied the sale. The subject vehicle contained various defects and nonconformities to the warranty relating to the engine, electrical components, suspension, and exterior. JLRNA now moves ...

Excerpt: ... June 8, 2022, Defendants Rick Blesofsky (“Blesofsky”) and S.E.A. Forever LLC (“SEA”) (collectively “Defendants”) filed the instant motion requesting the court to: (1) quash notices of deposition of the Blesofsky, SEA, and the Shmuel Chanin and Lieba Chanin defendants; and (2) enter a protective order prohibiting Plaintiffs from taking these depositions. Plaintiffs did not request monetary sanctions. On June 16, 2022, Plaintiffs filed...

Excerpt: ...ure to Investigate and Prevent Harassment Discrimination and Retaliation. 5) Retaliation 6) Wrongful Termination in Violation of Public Policy 7) Intentional Infliction of Emotional Distress (IIED) 8) Defamation On March 31, 2022, Defendants filed this motion to compel arbitration and stay proceedings. Plaintiff filed opposition papers on May 20, 2022. Reply papers were filed on May 6, 2022 Legal Standard Parties may be compelled to arbitrate a d...

Excerpt: ...t (4) Breach of Implied Warranty – Violation of the Song-Beverly Act On January 13, 2022, Plaintiff filed a Joint Notice of Settlement of Entire Case. Legal Standard Code of Civil Procedure section 1033.5(a) sets forth the items allowable as costs while Code of Civil Procedure section 1033.5(b) details the items that are not allowable as costs. “Costs are allowable if incurred, whether or not paid.” (Code Civ. Proc., § 1033.5(c)(1).) Allow...

Excerpt: ...c., Alice Chow, 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: Breach of Contract Negligence Negligent Failure to Obtain Insurance Coverage Breach of the Implied Covenant of Good Faith and Fair Dealing Breach of Fiduciary Duty Professional Malpractice Negligent Misrepresentation Violation of California's Unfai...

Excerpt: ...d shoulder while he was performing his employment duties. Thereafter, Plaintiff alleges that he underwent surgery to his nose and shoulder, and was placed on various work restrictions by his physician. Plaintiff alleges his employers discriminated and retaliated against him on the basis of his disability, ultimately firing Plaintiff. Plaintiff alleges his employers failed to accommodate Plaintiff's work restrictions, and failed to engage in a goo...

Excerpt: .... The subject vehicle was rented by Decedent Daniels from Avis Budget Rent-A-Car. Ultimately, the subject vehicle's steering system suffered a defect, causing the subject vehicle's steering wheel to lock in place. As a result of the defect, Decedent Daniels—who was driving the subject vehicle—was unable to properly control the vehicle, resulting in a crash. Decedent Daniels and Decedent Harrison died as a result of the accident, and Plaintiff...

Excerpt: ...'t Code §§ 12940 et seq.; (4) Failure to Provide Reasonable Accommodation in Violation of Gov't Code §§ 12940 et seq.; (5) Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code §§ 12940 et seq.; (6) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Gov't Code § 12940(k); and (7) Declaratory Judgment. On January 27, 2022, Defendant served a subpoena on Kaiser, where Plaintiff was emplo...

Excerpt: ..., LLC filed a Cross-Complaint against Caiozzo. Following the Court's determination sustaining the demurrer to the Cross-Complaint, Beachwood Drive, LLC filed the Amended Cross-Complaint (“AXC”) on January 10, 2022, asserting causes of action for: (1) Breach of Fiduciary Duty, (2) Conversion, and (3) Fraud. Caiozzo demurs to each cause of action raised in the AXC on the grounds that the claims are barred by the litigation privilege, each claim...

Excerpt: ... The subject vehicle was rented by Decedent Daniels from Avis Budget Rent-A-Car. Ultimately, the subject vehicle's steering system suffered a defect, causing the subject vehicle's steering wheel to lock in place. As a result of the defect, Decedent Daniels—who was driving the subject vehicle—was unable to properly control the vehicle, resulting in a crash. Decedent Daniels and Decedent Harrison died as a result of the accident, and Plaintiff ...

Excerpt: ..., (7) unjust enrichment, (8) unfair business practices, and (9) punitive damages against Defendant Ehab Atalla (“Defendant”). This matter arises from Defendant causing Plaintiff to sign four “promise to sale agreements” (the “Agreements”) whereby Defendant promised to pay Plaintiff $6.8 million to purchase properties from Plaintiff, but Defendant failed to pay that money. Defendant now moves the Court to dismiss or abate this matter d...

Excerpt: ...Failure to Reasonably Accommodate; 7. Failure to Engage in an Interactive Process; 8. Retaliation in Violation of FEHA; 9. Failure to Prevent Discrimination and Retaliation; 10. Whistleblower Protection; 11. Wrongful Discharge in Violation of Public Policy; 12. Unfair Business Practices; and 13. Intentional Infliction of Emotional Distress. The Complaint alleges, inter alia, that Plaintiff was employed by Defendant Mather Bros. Inc. (hereinafter,...

Excerpt: ...Failure to Reasonably Accommodate; 7. Failure to Engage in an Interactive Process; 8. Retaliation in Violation of FEHA; 9. Failure to Prevent Discrimination and Retaliation; 10. Whistleblower Protection; 11. Wrongful Discharge in Violation of Public Policy; 12. Unfair Business Practices; and 13. Intentional Infliction of Emotional Distress. The Complaint alleges, inter alia, that Plaintiff was employed by Defendant Mather Bros. Inc. (hereinafter,...

Excerpt: ...ligence against all Defendants; 2. Intentional Sexual Battery against Blanchard; 3. Negligence against District; and 4. Negligent Hiring, Training, Supervision, and Retention against District. The FAC alleges, inter alia, that Plaintiff was sexually assaulted by Blanchard, his teacher who was employed by the District. On August 25, 2021, District moved for summary judgment on the FAC. On May 11, 2022, Plaintiff filed an opposition. On May 19, 202...

Excerpt: ...��). On November 3, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants. Plaintiff's FAC 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. Violat...

Excerpt: ...loughed all employees, including Plaintiff, due to the COVID-19 pandemic, and advised all employees to file for unemployment benefits and wait to be called back to work when the associated stay-at-home orders were lifted by the State of California. Plaintiff's son suffers from a congenital medical condition, known as esophageal atresia, which renders Plaintiff's son more vulnerable to respiratory infections, such as COVID- 19. When Plaintiff retu...

Excerpt: ...iled a Cross-Complaint against Cross-Defendant for legal malpractice on March 17, 2020, alleging breach of fiduciary duty and professional negligence. Private mediation between parties occurred on May 21, 2021, but was unsuccessful. On February 01, 2022, Cross-Complainant moved to disqualify Cross-Defendant's counsel and for a protective order to prevent Cross-Defendant from using documents that were allegedly wrongfully obtained and retained by ...

Excerpt: ...II. Legal Standard Under Code Civ. Pro. (CCP) section 664.6: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until ...

Excerpt: ... II. Legal Standard Under Code Civ. Pro. (CCP) section 664.6: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until...

Excerpt: .... Fraud. Plaintiff alleges that, in 2019, French was looking for a business partner to expand her gold mining projects due to the fact that her properties had purportedly possessed substantial gold reserves. The two agreed that Plaintiff would be compensated with a finder's fee of 5% of the funds invested if Plaintiff found a suitable business partner for French and her business. Afterwards, Plaintiff contacted Felix and his company, Greencorp, t...

Excerpt: ...itzer, within the course and scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Defendant Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Defendant Gralitzer drank alcohol and became severely intoxicated. Thereafter, Defendant Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four ye...

Excerpt: ...t seq. The cause of action alleges the following violations: a. Failure to provide meal periods in violation of Labor Code sections 226.7, 512(a), and 1198; b. Failure to provide rest periods in violation of Labor Code section 226.7 and 1198; c. Failure to pay minimum wages in violation of Labor Code sections 1182.12, 1194, 1197, 1197.1, and 1198; d. Failure to pay overtime in violation of Labor Code sections 510 and 1198; e. Failure to provide a...

Excerpt: ...ation Award, on file with the Court, January 29, 2019.) On February 25, 2022, Defendant LSCD moved to add Quoc Ha, an individual (“Ha”), and the QK Ha Family Limited Partnership (“Partnership”) as judgment debtors to the January 19, 2019, judgment. On April 27, 2022, Defendant LSCD filed another motion to add Business Support and Accounting Services, Inc. (“BSAS”) as a judgement debtor to the same judgment. The latter motion is premis...

Excerpt: ...attended an employee party, where alcohol was being served, and which was hosted by Defendant Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Defendant Gralitzer drank alcohol and became severely intoxicated. Thereafter, Defendant Gralitzer drove his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four year-old pedestrian, Noah Benardout (“Decedent”), and further...

Excerpt: ...r employment with Defendant, they were each subject to sexual harassment by a manager, named “Aaron”, by way of unwanted physical touching and verbal sexual comments. Plaintiffs additionally allege Defendant failed to provide employees with full meal and rest breaks, as required by relevant provisions of the Labor Code. Plaintiffs allege that, in early 2020, Plaintiffs, together, reported Aaron's sexual harassment as well as the inadequacy co...

Excerpt: ...ront Porch Communities and Services, and other allegedly responsible parties, for Ms. Hall's wrongful eviction. On August 4, 2020, Ms. Hall initiated the present action by filing a Complaint against Front Porch Communities and Services, Randy Herzig, Nadine Roisman, Pamela Lowe, and Lis Stephens LVN (collectively, “Defendant”). On January 21, 2021, Ms. Hall's attorney of record informed this Court that Ms. Hall had passed away during the pend...

Excerpt: ...Plaintiff's Property”). A&B Property Investments is the owner of the commercial real property located at 440 North Alvarado Street in Los Angeles, California (“A&B Property”), which is situated adjacent to and directly north of Plaintiff's Property. Plaintiff alleges that, for approximately twenty years, an easement existed at the southern-most portion of the A&B Property, which Plaintiff employed during the use of Plaintiff's Property. Now...

Excerpt: ...0. Plaintiff's Complaint alleges the following causes of action: (1) Willful Misclassification; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Rest Breaks; (4) Failure to Provide Meal Periods; (5) Willful Failure to Pay Wages; (6) Failure to Provide Itemized Wage Statements; (7) Violation of Business and Professions Code § 17200; (8) Failure to Grant Medical Leave in Violation of the California Family Rights Act; (9) Failure to Reinst...

Excerpt: ...is Polich & Purdy, LLP (“CH”) and James C. Earle (“Earle”) (collectively “Defendants”). [1] 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. The motion currently before the Court is a motion for terminating sanctions, or in the alternative, issue or evidentiary sanctions. Defendants also seek $...

Excerpt: ..., battery, and other claims against the individual Defendants. On August 17, 2020, the Court (Hon. Randolph Hammock) issued a protective order to protection confidential information, following the in-camera review and ordered production of certain records. Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus (collectively “Plaintiffs”) now move to compel p...

Excerpt: ...e section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794); and 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5). On January 5, 2022, Plaintiff filed a notice of settlement, indicating that settlement was conditional. On April 20, 2022, Plaintiff filed the instant motion to set aside the settlement on the basis that Defendant Hyundai Motor America's 998 offer was...

Excerpt: ...ssory Estoppel; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Quiet Title; (6) Declaratory Relief; and (7) Constructive Trust. On February 25, 2022, Plaintiff filed a Notice of Related Case, indicating that this action (Case No. 21STCV35730) (“Civil Action”) is related to Case No. 22CMUD00149 (“UD Action”). On March 11, 2022, the Court found that the Civil Action and UD Action (collectively, the “Actions”) are...

Excerpt: ...shoulder while he was performing his employment duties. Thereafter, Plaintiff alleges that he underwent surgery to his nose and shoulder and was placed on various work restrictions by his physician. Plaintiff alleges his employers discriminated and retaliated against him on the basis of his disability, ultimately firing Plaintiff. Plaintiff alleges his employers failed to accommodate Plaintiff's work restrictions and failed to engage in a good fa...

Excerpt: ...de § 1278.5; (3) Violation of Business & Professions Code § 510; (4) Sexual Orientation Discrimination in Violation of Government Code § 12940, et seq.; (5) Wrongful Termination in Violation of Public Policy; (6) Breach of Written Contract; (7) Breach of the Implied Covenant of Good Faith and Fair Dealing; (8) Failure to Provide Employment Records in Violation of Labor Code §§ 226 & 1198.5. Plaintiff generally alleges that he worked as Defen...

Excerpt: ...d received, (4) open book account, and (5) account stated. Plaintiff alleges Defendants borrowed money from Plaintiff and failed to repay him. On February 8, 2022, Plaintiff, through counsel, filed the instant motions against Defendant Teri Lee Bernardi (“Defendant”). Defendant filed an opposition on April 18, 2022, and Plaintiff filed a reply on May 5, 2022. Legal Standard Interrogatories Where there has been no timely response to a demand f...

Excerpt: ...ty. In July of 2018, Eyassu Hagos of HagosHomes, LLC (“Hagos”) contacted the purported heirs and heir apparent, offering to purchase the Subject Property. Defendant Erik Hepler (“Erik”) contacted Hagos on or about October 16, 2018. Hagos and Defendants Erik and Mark Hepler (“Mark”) engaged in ongoing negotiations and, on or about November 15, 2018, the parties negotiated a purchase price of $150,000 for the Subject Property. An agreem...

Excerpt: ...o all five causes of action of the Complaint. 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 considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via p...

Excerpt: ...ity as taxpayers pursuant to Code of Civil Procedure section 526a. Plaintiffs allege that Defendants waste taxpayer money training their police officers that the standard for use of deadly force did not change with the passage of AB 392, now codified at Penal Code section 835a, which took effect on January 1, 2020, and raised the standard for using deadly force from “reasonable” to “necessary”. Plaintiffs move to compel Defendants to resp...

Excerpt: ...ive, Unit 4, Playa Del Ray sold by Yong Yoo and Regina Cheung on May 15, 2020. Hamada is a real estate agent employed by Beach City Brokers, Inc. (“Broker”); both Hamada and Broker facilitated the transaction between the parties. Escrow closed on June 18, 2020. Plaintiffs thereafter discovered black mold, water damage, and scraped asbestos throughout the property. (Compl., ¶ 14.) A mold inspector advised Plaintiffs that the home was unsafe f...

Excerpt: ...each 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 maliciously misappropri...

Excerpt: ...smissed the entire action with prejudice. Defendant Mandel now moves to seal and redact Court records and the docket. Legal Standard California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550-2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a mot...

Excerpt: ...”). Plaintiffs allege that the Subject Property has been or was contaminated with Perchloroethylene (“PCE”), a hazardous substance. Plaintiffs allege the PCE contamination is attributable to the operation of a cleaning business, known as Flaire Cleaners, which is or was owned and operated by Bong Ik Lee and Chang Lee (“Defendants”), and was previously located upon the Subject Property. Plaintiffs alleges that, throughout the operation o...

Excerpt: ...ed Complaint against Holly Getlin, as Trustee of the Irene Karsin Family Trust, Todd Lockway, as Special Administrator for the Estate of Niels T. Sorensen, and Ronald Karsin (collectively, “Defendants”). Plaintiffs' operative First Amended Complaint alleges the following causes of action: (1) Dissolution of Partnership; (2) Accounting; and (3) Appointment of Receiver. On March 28, 2022, Non-Party Robott Land Company, Inc. (“Non-Party Robott...

Excerpt: ...offitt Productions (“Proffitt Productions”), and Does 1 through 20. The SAC asserts nine causes of action for: (1) Defamation; (2) Public Disclosure of Private Facts; (3) Intentional Infliction of Emotional Distress; (4) Conversion (against Defendant); (5) Unjust Enrichment (against Defendant); (6) Declaratory Relief (against Defendant); (7) Declaratory Relief (against Defendant); (8) Money Had and Received (against Defendant); and (9) Mistak...

Excerpt: ...r: 1. Taxpayer Action Under California Code of Civil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds. The Complaint alleges, inter alia, that PPD's officials waste taxpayer funds on illegal training and policy designed to undermine AB 329. On February 9, 2022, Defendants moved for summary judgment to the Complaint, which has been fully briefed, and it is set to be heard on June 23, 2022. On February 15, 2022, Plaintiffs ...

Excerpt: ...ud; (5) Conversion of Company Assets; and (6) Unjust Enrichment against Defendants Goldeneye Two, LLC, Adina One, LLC, Paul H. Littmann, Hilgenberg Realty, Inc., Keller Williams Luxury Homes, Brady Sandahl, Michael C. Hilgenberg, and Does 1-50. Plaintiff and Defendant Paul Littmann (“Defendant”) formed Defendant Adina One, LLC to invest in a vacation rental home in Los Angeles (the “Adina Property”). They also formed Defendant Goldeneye T...

Excerpt: ...anent injunction. On March 11, 2022, Defendants Coldwell Banker Residential Brokerage Company dba Coldwell Banker Realty filed a Cross-Complaint against U.S. Bank, N.A. (“U.S. Bank”), alleging causes of action for tort of another, comparative equitable indemnity, contribution and apportionment, and declaratory relief. This action arises out of Plaintiffs engaging defendants Chartwell Escrow, Inc. (“Chartwell”) and Coldwell Banker (“Cold...

Excerpt: ... franchise. On June 24, 2015, CFM Properties Management LLC (“Plaintiff”) entered into the Agreement with Defendants, where Plaintiff agreed to purchase the Subject Property from Defendants and continue the operation of the franchise, in exchange for Plaintiff's payment of $200,000. Pursuant to the terms of the Agreement, upon signing the Agreement, Plaintiff was to place the sum of the purchase price into an escrow account. Additionally, pur...

Excerpt: ... and Does 1 through 100 (collectively, “Defendants”). Plaintiff's Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. On March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Polic...

Excerpt: ... a single cause of action, “Claim for Civil Penalties for Violation of California's Private Attorneys General Act of 2004 (Labor Code § 2698, et seq.).” Plaintiff's Second Amended Complaint prays for the imposition of civil penalties under California's Private Attorneys General Act (“PAGA”), on behalf of all current and former employees of Defendants, due to Defendants' violations of Labor Code § 2802, Defendants' failure to reimburse e...

Excerpt: ...os Angeles, California (“Subject Premises”). On February 4, 2019, DeAndre Vaughns, Danielle Watkins, DeAndre Vaughns, Jr., and Dre-Dann Vaughns (collectively, “Plaintiffs”) who lived at the SUBJECT PREMISES initiated the present action by filing a Complaint against Las Aguilas Properties, LLC and Does 1 through 50. Plaintiffs' Complaint alleges the following causes of action: (1) Breach of Implied Warranty of Habitability; (2) Breach of S...

Excerpt: ... 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. Defendant demurs to the eighth, ninth, and tenth causes of action in the Complaint and moves to strike allegations in the Complaint related to punitive damages. Legal Stan...

Excerpt: ...ng-Beverly Consumer Warranty Act. On March 28, 2022, Plaintiff filed the instant motion to enforce settlement agreement. No opposition has been filed. Legal Standard Not less than 10 days prior to the commencement of trial, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. (Civ. Proc. Code § 998.) The ...

Excerpt: ...rate entity, known as Health Care LA (“Defendant HCLA”), the responsibility for the provision of health care services to health care subscribers, such as Plaintiff. (Id. ¶¶ 4, 8.) In turn, Defendant HCLA contracted with a separate entity, known as MedPoint Management (“Defendant MedPoint”), to perform administrative services on Defendant HCLA's behalf. (Id. ¶¶ 5, 9.) In or about January of 2018, Plaintiff visited his primary care phys...

Excerpt: ...of Implied Warranty of Merchantability; and (6) Fraud by Omission against Defendant General Motors, LLC (“Defendant”). On October 26, 2021, Defendant filed its demurrer as to Plaintiffs' sixth cause of action for Fraud by Omission on the grounds that it is (1) barred by the Economic Loss Rule; (2) barred by the statute of limitations; (3) fails to state facts relevant to the elements of the claim and does not constitute a cause of action; and...

Excerpt: ...ployed by Terminix for nearly four years before his termination on October 1, 2019. During his employment, Plaintiff was provided with a Terminix branded truck for work purposes and was required, among other employees, to take this Terminix branded home and drive from home to work each day. For the one-year period before his termination, Terminix had a policy that prohibited Plaintiff from using the Terminix branded truck for personal use. Plaint...

Excerpt: ...aintiff's Complaint alleges she was in Defendants' care and custody, in a vegetative state, following a surgery to address a right intraparenchymal hemorrhage and evacuate a hematoma. Plaintiff alleges that, during this period, Defendants failed to provide her with good hygiene, causing her to develop recurring urinary tract infections, and failed to provide her with appropriate wound care, causing her to develop two pressure ulcers on her sacrum...

Excerpt: ...ough 100. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc. D/B/A Ruby Karen Project (“UWE”), Aerial Arts American Institute D/B/A Aerial Arts America (“AAAI”), and 6506 Hollywood Holdings, LLC (“6506 Hollywood Holdings”) as Does 1 through 3, respectively....

Excerpt: ...529.5(a)(2); and (2) Violation of California Business and Professions Code § 17529.5(a)(1). Plaintiffs' Complaint generally alleges that Defendants advertised the domain “bongacams.com” in six hundred and fifty-five (655) unsolicited emails, and the emails had “materially deceptive” headers or used an unauthorized domain in violation of California Business and Professions Code §§ 17529.5(a)(2) and (a)(1). Defendants are allegedly the e...

Excerpt: ...ttorney fees, which includes fees for work after the filing of the motion, i.e., reviewing the opposition, filing a reply, appearing for the hearing, and opposing a motion to tax costs; (2) $5,161.95 in recoverable costs and expenses; and (3) $63,259.20 for a 2.0 multiplier enhancement to the lodestar on the attorney fees. Defendant opposes. On April 13, 2022, Plaintiff filed a reply. Plaintiff did not file a timely reply, which was due on April ...

Excerpt: ...against Defendant, alleging the following causes of action: (1) Fraud (By Individuals); (2) Breach of Fiduciary Duty (By Individuals); (3) Breach of Oral Contract (By Individuals); (4) Breach of Implied-in-Fact Contract (By Individuals); (5) Conversion (Derivative); (6) Breach of Fiduciary Duty (Derivative); (7) Unjust Enrichment; (8) Constructive Trust; and (9) Declaratory Relief. On September 24, 2021, Defendant Hannah Ashby (hereinafter, “Cr...

Excerpt: ...efendant Kia America, Inc. (“Defendant”). Plaintiff alleges in relevant part that she purchased a 2017 Kia Sportage (the Vehicle”), which was manufactured by Defendants, and contained serious defects and nonconformities to the engine Demurrer 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 considering demurrers, courts read the allegation...

Excerpt: ...battery, and other claims against the individual Defendants. On August 17, 2020, the Court (Hon. Randolph Hammock) issued a protective order to protection confidential information, following the in camera review and ordered production of certain records. Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus (collectively “Plaintiffs”) now move to compel pro...

Excerpt: ...nd 3. Fraud. Plaintiff alleges that, in 2019, French was looking for a business partner to expand her gold mining projects due to the fact that her properties had purportedly possessed substantial gold reserves. The two agreed that Plaintiff would be compensated with a finder's fee of 5% of the funds invested if Plaintiff found a suitable business partner for French and her business. Plaintiff later contacted Felix and his company, Greencorp to s...

Excerpt: ...ction for legal malpractice and breach of fiduciary duty against defendants Clark Hill PLC (“Clark”), formerly Morris Polich & Purdy, LLP, and James C. Earle (“Earle”) (collectively, the “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 Motions to Relate On November 24, 202...

Excerpt: ...ing in Violation of California Civil Code Section 1708.7; (6) Invasion of Privacy; and (7) Civil Extortion against Defendants/Cross-Complainants Azealia Banks and Lasagna Girl, LLC (Collectively “Cross-Complainants”). On November 18, 2021, Cross-Complainants filed a Cross-Complaint alleging causes of action for (1) Breach of Contract; (2) Fraud and Deceit; (3) Breach of Fiduciary Duty; (4) Declaratory Relief; and (5) Negligence against Cross-...

Excerpt: ...version of Company Assets; and (6) Unjust Enrichment against Defendants Goldeneye Two, LLC, Adina One, LLC, Paul H. Littmann, Hilgenberg Realty, Inc., Keller Williams Luxury Homes, Brady Sandahl, Michael C. Hilgenberg, and Does 1-50. Plaintiff and Defendant Paul Littmann (“Defendant”) formed Defendant Adina One, LLC to invest in a vacation rental home in Los Angeles (the “Adina Property”). They also formed Defendant Goldeneye Two, LLC to ...

Excerpt: ...mination in the workplace. Plaintiffs' Complaint alleges the following causes of action against Defendants: (1) Violation of the FEHA (Discrimination based on Race and/or Sexual Preference); (2) Violation of the FEHA (Harassment); (3) Violation of the FEHA (Retaliation); (4) Violation of the FEHA (Failure to Prevent Discrimination, Harassment, Retaliation); (5) Failure to Pay Wages (Violation of Labor Code§ 1194/1197 et seq.); (6) Failure to Ind...