Excerpt: ... 1793.2; (2) Violation of Subdivision (b) of 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) Fraudulent Inducement – Intentional Concealment. Defendant demurs to sixth cause of action and moves to strike allegations ...

Excerpt: ...) 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. These causes of action arise out of employment relationship between the parties. On January 27, 2022, Defendant ser...

Excerpt: ...actices (Count 12). These causes of action were alleged against Krystal Ventures, LLC, CTPartners, Inc., Daniel S. Kang, and Christopher D. Lee. Cross-Defendants Krystal Ventures, LLC and Daniel Kang (Collectively “Cross-Defendants”) filed this demurrer to Cross-Complaint as to the seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action because they fail to allege sufficient facts to state a legal claim. Legal Standard A demurre...

Excerpt: ...ent between Plaintiff and Defendant regarding Defendant's advertising structure on Plaintiff's property. Defendant demurs as to the second and third causes of action in the first amended complaint for failure to state facts sufficient to constitute a cause of action. 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 r...

Excerpt: ...ng Trust dated June 21, 1989; Nancy Lee Roberts, Trustee of the Nancy L. Roberts Family Trust; and Bank of the West. The dispute is arising out of a settlement agreement entered between the parties. Margaret Mary Shields and Nancy Lee Roberts moved to compel arbitration, which was granted. The parties participated in arbitration, where the Honorable Michael D. Marcus (Ret.), on February 16, 2022, issued a final arbitration award in favor of Petit...

Excerpt: ...LLC, Ramon Misael Guerrero Elenes, Edith Guerrero, Edgar Martin Ascencio, and Estefany Garcia filed their Answer to Plaintiff's Complaint. On January 14, 2022, Plaintiff filed the instant Motion, arguing that because the California Secretary of State and the Franchise Tax Board suspended Defendant Culichitown Baldwin Park LLC's (“Defendant”) corporate status, it no longer enjoys the privilege of participating in this instant matter and its An...

Excerpt: ...sed or failed to comply with the Court's Order. Now, Judgment Creditor Chasity Jones (“Judgment Creditor”) seeks to expand the scope of the Court's Order to (1) update and expand the dates in the order, (2) to include third parties reasonably believed to be in possession (including constructive possession) of the records and documents enumerated in the Order, and (3) to clarify and expand the documents subject to the Order. Legal Standard “...

Excerpt: ...0, 2020, ViacomCBS Inc. (“ViacomCBS”) was substituted for Defendant Viacom Inc. On August 13, 2020, Plaintiffs filed amendments to the Complaint to substitute Does 1 and 2 for Central Productions, LLC (“Central Productions”) and Comedy Partners, respectively. The Complaint asserts causes of action for: (1) Negligence/Negligence Per Se; and (2) Survival. On November 11, 2021, Defendants ViacomCBS, Central Productions, and Comedy Partners (...

Excerpt: ... Club); (2) Negligence (Gov. Code §§ 815.2 and 820) (against City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against City of Los Angeles and Los Angeles Police Department). On October 4, 2021, Defendant Los Angeles Police Revolver and Athletic Club filed a Demurrer to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action....

Excerpt: ...lub); (2) Negligence (Gov. Code §§ 815.2 and 820) (against City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against City of Los Angeles and Los Angeles Police Department). On October 4, 2021, Defendant Los Angeles Police Revolver and Athletic Club filed a Demurrer to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (...

Excerpt: ... Club); (2) Negligence (Gov. Code §§ 815.2 and 820) (against City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against City of Los Angeles and Los Angeles Police Department). On October 4, 2021, Defendant Los Angeles Police Revolver and Athletic Club filed a Demurrer to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action....

Excerpt: ...ub); (2) Negligence (Gov. Code §§ 815.2 and 820) (against City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against City of Los Angeles and Los Angeles Police Department). On October 4, 2021, Defendant Los Angeles Police Revolver and Athletic Club filed a Demurrer to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (H...

Excerpt: ...(2) Negligence (Gov. Code §§ 815.2 and 820) (against City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against City of Los Angeles and Los Angeles Police Department). On October 4, 2021, Defendant Los Angeles Police Revolver and Athletic Club filed a Demurrer to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v...

Excerpt: ...omplaint against Plaintiff for conversion. Legal Standard Under California Code of Civil Procedure section 428.50 provides: (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall ob...

Excerpt: ...0, 2020, ViacomCBS Inc. (“ViacomCBS”) was substituted for Defendant Viacom Inc. On August 13, 2020, Plaintiffs filed amendments to the Complaint to substitute Does 1 and 2 for Central Productions, LLC (“Central Productions”) and Comedy Partners, respectively. The Complaint asserts causes of action for: (1) Negligence/Negligence Per Se; and (2) Survival. On November 11, 2021, Defendants ViacomCBS, Central Productions, and Comedy Partners (...

Excerpt: ...e resolution arising from Izdebksi's alleged disruptive noise levels. The Complaint asserts causes of action for: 1. Breach of Governing Documents; 2. Breach of the Implied Covenant of Good Faith and Fair Dealing; and 3. Breach of Fiduciary Duty. Defendants demur to each cause of action raised in the Complaint on the ground that the pleading does not state facts sufficient to constitute a cause of action. No opposition has been filed. Legal Stand...

Excerpt: ...tiffs' 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 Indemnify (Violation of Labor Code ...

Excerpt: ...determination that Plaintiff's lien has priority over Defendant's lien. The parties have engaged in a lengthy discovery dispute regarding Defendant's Request for Production of Documents, Set One (“RPD”), No. 20. This hearing involves the instant motion filed January 6, 2022. This is the third motion involving the discovery. Defendant now moves to compel Plaintiff to produce with all metadata intact the 111 documents identified by Plaintiff in...

Excerpt: ...uiet Enjoyment (CCC Sec. 1927); 4. Negligence; 5. Nuisance; 6. Breach of the Covenant of Good Faith and Fair Dealing; 7. Breach of Statute (CCC § 1942.4); 8. Retaliatory Acts (CCC §§ 1940.2 and 1942.4);; 9. Trespass; 10. Trespass to Chattels; 11. Conversion; 12. Wrongful Eviction – Breach of Civil Code Section 789.3; 13. Intentional Infliction of Emotional Distress; and 14. Negligent Infliction of Emotional Distress. On July 8, 2021, Shawish...

Excerpt: ...iff's Property. On September 29, 2021, City of Los Angeles (named in the Complaint as the “Los Angeles Police Department”) (hereinafter “Defendant”), filed the present Demurrer to Plaintiff's Complaint. On October 22, 2021, Plaintiff filed an Opposition to Defendant's Demurrer. On March 1, 2022, Defendant filed a Reply. On March 8, 2022, Plaintiff filed a document titled “Declaration: Defendants' Reply is New Trash to This Case.” On M...

Excerpt: ...; Basalite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & Wa...

Excerpt: ... Dodge Ram 2500 (the “Vehicle”) contained engine defects, among other defects, and that Defendants were aware of the defects at the time the Vehicle was sold. On September 1, 2021 Plaintiff filed the instant Motion to Compel the Deposition of Defendant FCA's PMK. Defendants oppose the Motion, and Plaintiff has filed a Reply to the Opposition. Legal Standard “Any party may obtain discovery . . . by taking in California the oral deposition of...

Excerpt: ...CMIM”); and Pacific Imagining Management, LLC (“PIM”) (collectively, “Plaintiffs”) filed the instant action against Defendant Zotec Partners, LLC (“Zotec”). Plaintiffs filed the operative first amended complaint (“FAC”) on August 25, 2021, asserting causes of action for: 1. Declaratory Relief; 2. Breach of Contract; 3. Unfair Business Practices; and 4. Intentional Interference with Contractual Relations. Plaintiffs allege that Z...

Excerpt: ...ehicle was prone to risk of an engine fire. On April 17, 2019, Plaintiffs filed a Complaint against Kia Motors America, Inc. (“Defendant”). Plaintiffs' Complaint alleges the following causes of action: 1. Violation of Song-Beverly Act—Breach of Express Warranty; 2. Violation of Song-Beverly Act—Breach of Implied Warranty; 3. Violation of Song-Beverly Act Section 1793.2; 4. Fraudulent Inducement—Concealment; and 5. Fraudulent Inducement�...

Excerpt: ...of action for: 1. Breach 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 (hereinafter “Defendant”) filed a Cross-Complaint against Plaintiff. On September 28, 2021, Defendant filed a Demurrer to the fourth, fifth, sixth, and seventh causes...

Excerpt: ...ike Retail Services, Inc., and the alleged discrimination 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 La...

Excerpt: ...ng (“Sung”); Ting Sung Insurance Agency (“TSIA”). On January 19, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”). The SAC alleges in relevant part that Plaintiff entered into a lease agreement to lease to a property to be used an ice cream store. Plaintiff operated his store until a fire destroyed the subject property. The SAC asserts causes of action for: 1. Breach of Contract (against BOR and BCC); 2. Breach of ...

Excerpt: ...Imaging Management, LLC, initiated this suit in court on July 21, 2021. On August 25, 2021, Plaintiffs filed the operative First Amended Complaint against Defendant Zotec Partners, LLC. Plaintiffs allege that Defendant is the medical billings services vendor to the radiology practices and facilities affiliated with plaintiff California Managed Imaging Medical Group, Inc. (FAC ¶ 1.) Plaintiffs allege that Defendant has engaged in gross misconduct...

Excerpt: ...ely “Defendants”). This matter arises from disputes relating to the execution of a lease for a billboard, which was ultimately assigned by Defendants to Netflix. Defendants move for summary judgment, or, in the alternative, summary adjudication as to the causes of action in the SAC. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary s...

Excerpt: ...019, Plaintiffs initiated the present action by filing a Complaint. On January 2, 2020, Plaintiffs filed the operative Third Amended Complaint against NBA Automotive, Inc. dba Nissani Bros. Chevrolet; TD Auto Finance, LLC; Merchants Bonding Company (Mutual); and General Motors LLC asserting causes of action for: 1. Violation of the Consumers Legal Remedies Act, Civil Code § 1750, et seq. (against all Defendants, except Merchants Bonding Company)...

Excerpt: ...ot water pipe burst on Plaintiff's residence causing extensive water damage. Plaintiff submitted a claim with his insurer, Travelers Commercial Insurance Company. Under the Deed of Trust on the Property, these insurance proceeds were directed to an escrow account with Defendant Chase, whereby Chase was to control the distribution of checks to third parties for services related to the repair and restoration of the Property. The Defendant is a Texa...

Excerpt: ...��Foxpoint”) and James Naumann (“Naumann”) (collectively, “Defendants”). This matter arises from disputes relating to the execution of a lease for a billboard. Foxpoint moves to compel Plaintiff to provide further responses to (1) Special Interrogatory, Set Two, Nos. 27-56, and (2) Request for Production, Set Two, Nos. 12-19, 27, and 37. Foxpoint also moves the Court to impose a total of $6,600 in monetary sanctions against Plaintiff an...

Excerpt: ...Defendant and Does 1 through 10. On December 22, 2021, Defendant filed an answer. Plaintiff now moves for judgment on the pleadings. On February 4, 2022, the Court advanced the hearing date for the instant motion to March 15, 2022. There is no filed opposition. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the ru...

Excerpt: ...Defendant and Does 1 through 10. On December 22, 2021, Defendant filed an answer. Plaintiff now moves for judgment on the pleadings. On February 4, 2022, the Court advanced the hearing date for the instant motion to March 15, 2022. There is no filed opposition. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the ru...

Excerpt: ...on-PAGA related causes of action; that the PAGA cause of action shall proceed before the Court and shall not be stayed; and that all other non-PAGA causes of action are stayed. (Order, ¶¶ 2-3.) Thereafter, on May 21, 2021, Plaintiffs filed their First Amended Complaint against Defendant. Plaintiffs subsequently filed, on September 30, 2021, their Second Amended Complaint, and on October 20, 2021, filed their operative Third Amended Complaint ag...

Excerpt: ... Defendants VAI and VRE. The FAC includes nine causes of action for: (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. In the FAC, Plaintiffs allege that Plaintiff Ramlie inve...

Excerpt: ...ir Dealing; and 3. Declaratory Relief. It is noted that the parties have engaged in protracted litigation in state and federal court that arises from a series of agreements that detail the development of Plaintiff's project at the Port of Los Angeles and for providing the framework for final leases. This included an exclusivity agreement that was purportedly amended to extend through the completion of the project. During the course of the project...

Excerpt: ...uarantee; (4) Money Lent; and (5) Account Stated. On October 6, 2021, pursuant to Plaintiff's Request for Entry of Default, this Court entered default as to Defendants. On December 2, 2021, pursuant to Plaintiff's Request for Entry of Default Judgment, this Court entered default judgment against Defendants, in the amount of $258,332.18. On December 21, 2021, Defendants filed the present Motion to Set Aside/Vacate Default Judgment. Legal Standard ...

Excerpt: ...plaint against Netflix, and two (2) of her supervisors, David B. McLean and Josephine Choy (collectively, “Defendants”). Plaintiff's Complaint alleges the following causes of action: (1) Gender Discrimination in Violation of Government Code §12940(a); (2) Race Discrimination in Violation of Government Code § 12940(a); (3) Harassment in Violation of Government Code §§ 12923 and 12940(j); (4) Violation of Government Code § 12940(k); (5) Vi...

Excerpt: ...iff and AstroTurf in 2011 for the installation of a synthetic turf field at Carver Middle School. The FAC alleges that under the contract, and a third-party warranty AstroTurf provided to non-party LAUSD, AstroTurf was required to repair or replace the field if it became defective. According to the FAC, the field deteriorated in 2014 and, after repeated requests by Plaintiff that AstroTurf replace the field pursuant to the warranty, AstroTurf ref...

Excerpt: ...ereinafter “Purchase Agreement”). (Compl., ¶ 7.) The Subject Vehicle was manufactured and/or distributed by defendant American Honda Motor Co., Inc. (the “Defendant” and/or “AHM”) who issued certain warranties for said vehicle pursuant to the SBA. (Id., ¶¶ 2, 6.) Plaintiff alleges that the Subject Vehicle suffers from various defects that are not in conformity with AHM's warranties and AHM was unable to conform those defects to the...

Excerpt: ...f action for: (1) Disgorgement of Compensation Paid to Unlicensed Contractor under California Business & Professions Code§ 7031; (2) Breach of Contract; (3) Breach of Implied Warranty and Implied Covenant to Perform 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...

Excerpt: ...ties, LLC and Does 1 through 50. Plaintiffs' Complaint alleges the following causes of action: (1) Breach of Implied Warranty of 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. On April 30, 2020, Plaintiffs amended the Complaint, adding Management and Leasing Services, Juan Vargas, Elvira Vargas, and...

Excerpt: ...0, 2020. Thereafter, on approximately June 27, 2018, the aforementioned lease was assigned to Hoang Long Nguyen and Victoria Trinh (collectively, “Tenant Defendants”). In connection with the aforementioned assignment, Rui Chen, Junqin He, Rongjie He, and Ting Chen (collectively, “Guarantor Defendants”) singed a Guarantee of Lease. The operative Complaint alleges that Tenant Defendants remained upon the Subject Premises beyond November 30,...

Excerpt: ...ses of action: (1) Partition of Real Property; (2) Accounting; (3) Breach of Fiduciary Duty; (4) Constructive Trust; (5) Declaratory and Injunctive Relief; and (6) Unfair Business Practices (Civil Code § 17200). On January 6, 2022, Plaintiffs filed the present Motion for an Award of Attorneys' Fees and Costs Incurred by Plaintiffs for the Service of Process on Defendants. Legal Standard Code of Civil Procedure section 415.30 provides, in relevan...

Excerpt: ... Property. On September 29, 2021, City of Los Angeles (named in the Complaint as the “Los Angeles Police Department”) (hereinafter “Defendant”), filed the present Demurrer to Plaintiff's 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. Transi...

Excerpt: ...endants”). On September 16, 2021, default was entered against Defendants. On October 21, 2021, Plaintiff dismissed its claims against Doe defendants, though this dismissal was re-entered by the clerk on November 4, 2021. On November 2, 2021, the Court denied without prejudice Plaintiff's application for default judgment. Plaintiff filed additional papers for the Court's review. On January 4, 2022, the Court continued the application for default...

Excerpt: ...t unsafe working conditions. On September 10, 2019, Plaintiff initiated the instant action by filing a Complaint against Airgas USA, LLC, Charles Goodman, Raymond Velarde, Carlos Guerrero, Marjorie Chapman, Carla Bennet, and Does 1 through 100 (collectively, “Defendants”). Plaintiff's Complaint alleges the following causes of action: (1) Breach of Express Contract; (2) Breach of the Covenant of Good Faith & Fair Dealing; (3) Wrongful Terminat...

Excerpt: ...dd a cause of action for conversion in addition to the prior 2 causes of action.” (First Amended Complaint, 1:16-17.) As such, Plaintiff's First Amended Complaint only included the “Third Cause of Action” for Conversion. Defendant filed the pending three motions on September 24, 2021: 1. Demurrer to First Amended Complaint; 2. Motion to Strike Portions of First Amended Complaint; and 3. Motion for Reclassification. On January 6, 2022, the C...

Excerpt: ... and (3) Violation of the Song-Beverly Act Section 1793.2. On October 27, 2021, Plaintiff filed a notice of settlement. On February 7, 2022, Plaintiff filed a memorandum of costs. Plaintiff now moves for attorney fees and costs in the total amount of $90,518.08. This amount consists of: (1) $64,709.50 in attorney fees not including work after the filing of this motion and $5,000.00 to review Defendant's opposition, draft the reply, attend the hea...

Excerpt: ...ion of FEHA; 3. Harassment in violation of FEHA; 4. Violation of Government Code § 12940(k); 5. Violation of Government Code § 12940(h); 6. Retaliation in Violation of Labor Code § 1102.5; 7. Violation of Labor Code §§ 1197.5, 1194.5; 8. Violation of Civil Code § 52.1; 9. Wrongful Termination in Violation of Public Policy; 10. Defamation; and 11. Intentional Infliction of Emotional Distress. On September 14, 2021, Plaintiff dismissed the ei...

Excerpt: ...ffs filed the operative Second Amended Complaint against Defendants Health Net, LLC, Health Net Community Solutions, Inc., Heritage Provider Network, Inc., Regal Medical Group, Inc., Harout D. Mesrobian, M.D., Mohamed Latif, M.D., Inc., Harout D. Mesrobian dba Heartbeat Cardiovascular Medical Group, Mohamed Latif dba Heartbeat Cardiovascular Medical Group, and Does 1 through 100. Plaintiffs' Second Amended Complaint alleges the following causes o...

Excerpt: ... Drive in Los Angeles, California (“Subject Premises”), and create a limited liability company, known as Hercules Development, LLC, for the purpose of developing, renovating, and thereafter selling the Subject Premises for profit. Pursuant to the terms of the Agreement, Ezequiel Serebrisky, the Managing Member of Maybrook Homes, LLC, was required to make a capital contribution to the newly created Hercules Development, LLC, in the amount of a...

Excerpt: ... by filing a Complaint against Azealia Banks, Lasagna Girl, LLC, and Does 1 through 10 (collectively, “Defendants”). Plaintiffs' Complaint alleges the following causes of action against Defendants: (1) Breach of Implied Covenant of Good Faith and Fair Dealing; (2) Interference with Contractual Relations; (3) Defamation; (4) Trade Libel; (5) Stalking in Violation of California Civil Code Section 1708.7; (6) Invasion of Privacy; and (7) Civil E...

Excerpt: ... Plaintiff initiated the instant action by filing a Verified Complaint for Unlawful Detainer against Defendants and Does 1 through 10. Plaintiff alleges that Defendants failed to pay rent for approximately one (1) year, and further, failed to vacate the Subject Premises after Plaintiff served Defendants with a 15-Day Notice to Pay Rent or Quit. On August 3, 2021, Defendants filed a Demurrer to Plaintiff's Verified Complaint. On September 14, 2021...

Excerpt: ...le was manufactured and/or distributed by defendant BMW of North America, LLC (“Defendant” and/or “BMW NA”) who issued certain warranties for said vehicle pursuant to the SBA. (Id., ¶¶ 2, 6.) Plaintiff alleges that the Subject Vehicle has several defects in breach of the warranties issued by BMW NA. (Id., ¶ 12.) On September 27, 2021, Plaintiff filed this action's Complaint against defendants BMW NA and South Bay BMW, asserting the fol...

Excerpt: ... (Compl., ¶ 9.) The Subject Vehicle came with certain express and implied warranties issued by defendant Ford Motor Company (“Defendant” and/or “Ford”). However, during the warranty period, the Subject Vehicle suffered from various defects causing such effects as a rattling noise while driving and/or the door latch failing to open or close. (Id., ¶ 10.) Although Plaintiff presented the Subject Vehicle to Defendant Ford's authorized repa...

Excerpt: ...ious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor- by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corporation, individually and as Successor-by- Acquisition to Atlas Ideal Metals) as Does 1 through 6, respectively. On April 21, 2020, Plaintiffs filed...

Excerpt: ...t (“Zaimont”), engaged in “a pattern of rampant sexual harassment” against Lab Zero employees, including Plaintiffs. Plaintiffs confronted Zaimont. In response, Zaimont retaliated against Plaintiffs by, among other things, terminating them and failing to distribute their equity in the company. Cross‐Complaint On May 20, 2021, Lab Zero filed a Cross-Complaint against Cartwright, Esquenazi, and Future Club, Inc. (“Future”). On June 30...

Excerpt: ...ie Rode, An Marie Rode as trustee to the Rode Living Trust, Raymond Theodore Kolby, Jr., Raymond Theodore Kolby, Jr., as trustee to the Rode Trust, Enterprise Townhomes HOA, Enterprise Homeowners Association and Professional Realty Consultants, Inc (collectively, “Defendants”). The SAC asserts a single cause of action for damages. The SAC alleges the following. Petitioner is the surviving spouse to decedent Jose Guevara (“Decedent”). (SAC...

Excerpt: ...plaint. On August 18, 2020, the Court ruled the demurrer, dismissing the entire Second Amended Complaint against Mortgage Electronic Registration Systems, Inc. The Court also dismissed Plaintiff's wrongful foreclosure, quiet title, intentional infliction of emotional distress, and declaratory relief cause of action all with prejudice. The Court granted leave to amend Plaintiff's cause of action for Negligent Infliction of Emotional Distress becau...

Excerpt: ...ter in order to open and operate a Japanese hot pot restaurant, known as Jazz Cat Fusion Shabu. Plaintiffs allege Defendant breached the Non-Compete Provision by renting a second storefront to Plaintiffs' competitor, Wagyu House. On November 24, 2021, Plaintiffs initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiffs' Complaint alleges the following causes of action: (1) Breach of Lease; (2) Specific...

Excerpt: ...��North Valley Nursing Center”). Plaintiff alleges that, during her employment, she was subjected to discrimination on the basis of her age and disability, ultimately resulting in her termination on November 2, 2020. On May 3, 2021, Plaintiff Blanca Nava initiated the present action by filing a Complaint against Sun Mar Nursing Centers, Wyngate Nursing Center dba North Valley Nursing Center (erroneously sued as “North Valley Nursing Center”...

Excerpt: .... Breach of Contract; 2. Tortious Breach of the Covenant of Quiet Enjoyment; 3. Tortious Breach of the Warranty of Habitability; 4. Statutory Breach of the Warranty of Habitability; 5. Nuisance; 6. Intentional Infliction of Emotional Distress; 7. Negligence; 8. Violation of California Civil Code § 789.3; 9. Violation of Bus. & Prof. Code § 17200 et seq. The Complaint alleges that Plaintiffs entered into a residential lease with Defendants for a...

Excerpt: ...2, 2022, Defendant Hyundai Motor America (“Defendant”) filed an Opposition to Plaintiff's Motion for Attorney Fees. On February 8, 2022, Plaintiff filed a Reply. On February 16, 2022, this Court granted Plaintiff's Motion for Attorney Fees, awarding Plaintiff attorney fees equal to a lodestar figure of $33,740.00. The Court did not rule as to the “anticipated” time for opposing Defendant's Motion to Strike or Tax Costs until the present M...

Excerpt: ... Plaintiff, further, alleges that Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty 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 Ac...

Excerpt: ...crimination 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 ...

Excerpt: ...operative First Amended Complaint For Breach of Contract and Declaratory Relief against Defendants. Plaintiffs' First Amended Complaint alleges the following causes of action: (1) Breach of Lease; (2) Declaratory Relief; (3) Breach of Guarantee; (4) Breach of Lease; (5) Declaratory Relief; and (6) Breach of Guarantee. On June 22, 2021, Defendants Pacific Theatres Exhibition Corp. and Pacific Theatres Entertainment Corp. filed a Notice of Stay of ...

Excerpt: ...renewed on April 13, 2021. On November 19, 2021, Plaintiff filed a motion to amend the judgment to add The Plus & Solution Corp. (“Plus Corp.”) as a judgment debtor. The motion came for hearing on February 2, 2022. After oral argument, the Court continued the hearing to February 23, 2022, to allow supplemental briefing. Plaintiff filed a supplemental brief on February 9, 2022. Neither Chang, Lee, nor Plus Corp. have filed an opposition to the...

Excerpt: ...ious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor- by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corporation, individually and as Successor-by- Acquisition to Atlas Ideal Metals) as Does 1 through 6, respectively. On April 21, 2020, Plaintiffs filed...

Excerpt: ...in Fresno, California. 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 a...

Excerpt: ...hasing the subject property, in the amount 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 pr...

Excerpt: ...”), Wendy Magee (“Magee”), and Does 1 through 100. The Complaint asserts causes of action for: 1. Race and/or Sexual Preference Based Discrimination in Violation of the FEHA; 2. Harassment in Violation of the FEHA; 3. Retaliation in Violation of the FEHA; 4. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of FEHA; 5. Failure Pay Wages in Violation of Labor Code §§ 1194, 1197, et seq.; 6. Failure to Indemnify in ...

Excerpt: ...int (“FAC”) against defendants LACCD, Los Angeles Valley College (“LAVC”), and Barry Gribbons (“Gribbons”), and Does 1 through 100. The FAC asserts causes of action for: (1) discrimination in violation of the FEHA – against LACCD and LAVC; (2) hostile work environment harassment in violation of the FEHA – against all defendants; (3) retaliation in violation of the FEHA – against LACCD and LAVC; (4) failure to prevent discriminat...

Excerpt: ...llowing. Defendant is a regional wholesaler that provides water for public agencies to deliver to people living in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties. (Compl., ¶ 7.) Plaintiff developed a software product called “ ON SITE,” that provides automated operation of an equipment to accomplish a process such as the delivery and management of water. (Compl., ¶ 6.) In 1995, Defendant selected ON SITE as t...

Excerpt: ...nt asserts the following causes of action: (1) Violation of Civil Rights and Patient Rights; (2) Age and Gender Discrimination; and (3) False Imprisonment. On April 27, 2021, Defendants Cedars-Sinai Health System and Thomas M. Priselac filed the instant Motion to Compel Plaintiff's Deposition and For Monetary Sanctions in the Amount of $1,090.00. Legal Standard Code of Civil Procedure § 2025.450 provides, in pertinent part, as follows: (a) If, a...

Excerpt: ...19, Plaintiff filed a Complaint against Defendant in order to recover legal fees under the retainer agreement which remain unpaid. Plaintiff's Complaint alleges the following causes of action: (1) breach of contract, and (2) common counts. On December 10, 2021, Plaintiff filed the instant Motion to Compel Further Responses to Form Interrogatories—General, Set No. One, and Request for Sanctions. Legal Standard “Any party may obtain discovery ....

Excerpt: ...al America, Inc. dba Hyundai Motor Finance, and Does 1 through 10. Plaintiff's Third Amended Complaint alleges the following causes of action: (1) Civil Penalties Pursuant to Civil Code Section 1794(e); (2) Civil Penalties Pursuant to Civil Code Section 1794(c); (3) Breach of Express Warranty; and (4) Breach of Implied Warranty. On November 10, 2021, Plaintiff filed the present Motion for Attorney Fees. On November 15, 2021, Plaintiff filed a Not...

Excerpt: ...y 20, 2020, ViacomCBS Inc. (“ViacomCBS”) was substituted for Defendant Viacom Inc. On August 13, 2020, Plaintiffs filed amendments to the Complaint to substitute Does 1 and 2 for Central Productions, LLC (“Central Productions”) and Comedy Partners, respectively. The Complaint asserts causes of action for: (1) Negligence/Negligence Per Se; and (2) Survival. On November 11, 2021, Defendants ViacomCBS, Central Productions, and Comedy Partner...

Excerpt: ... General Sports Turf, LLC; Astroturf Construction Corporation; William Heard Smith a/k/a Heard Smith; and Jennifer Young. On March 29, 2021, Plaintiff dismissed the Complaint without prejudice as to Defendants Legacy Turf Company LLC and General Sports Turf, Inc. only. On August 16, 2021, following this Court's ruling upon Defendants' Demurrer and Motion to Strike, Plaintiff filed the operative First Amended Complaint. Plaintiff's First Amended C...

Excerpt: ...intiffs 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 action's Complaint against defendants: 1) El Centro Motors (“ECM”), a repair facility; and (2) Ford Motor Company (“Ford”), the Subject Vehicle's manufacturer. The Complaint asserts the following causes of action, of which only the first three are as...

Excerpt: ...ain and enforce the habitability of the subject property, 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, ...

Excerpt: ...) initiated the present action by filing a Complaint. On August 25, 2021, Plaintiffs filed the operative First Amended Complaint against Zotec Partners, LLC. Plaintiffs' First Amended Complaint alleges the following causes of action: (1) Declaratory Relief; (2) Breach of Contract; (3) Unfair Business Practices; and (4) Intentional Interference with Contractual Relations. That same day, Zotec Partners LLC (“Zotec”) filed an Answer to the Compl...

Excerpt: ...mplaint in the amount of $27,111.44 on all causes of action. The Cross-Complaint asserted causes of action for: (1) breach of contract; (2) account stated; (3) open book account; and (4) quantum meruit for legal services rendered. The judgment was affirmed by the Court of Appeal on November 13, 2018, and remittitur was filed on January 14, 2019. Defendant and Judgment Creditor Steven P. Chang (“Chang”) now moves to compel responses to Special...

Excerpt: ...se of action for fraudulent inducement. On April 19, 2021, trial was held. On September 23, 2021, the Court entered judgment in favor of Plaintiff and against Defendants on the Complaint awarding Plaintiff $808,666.48 in damages and $73,980 in prejudgment interest. The Court also found that judgment on the Cross-Complaint was in Plaintiff's favor. Legal Standard Civil Code §1717(b)(1) states, “The court, upon notice and motion by a party, shal...

Excerpt: ...mplaint 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) Violation of Cal. Labor Code §...

Excerpt: ...ion by filing a Complaint. On August 25, 2021, Plaintiffs filed the operative First Amended Complaint against Zotec Partners, LLC. Plaintiffs' First Amended Complaint alleges the following causes of action: (1) Declaratory Relief; (2) Breach of Contract; (3) Unfair Business Practices; and (4) Intentional Interference with Contractual Relations. On August 25, 2021, Zotec Partners LLC (“Defendant/Cross-Complainant”) filed a Cross- Complaint aga...

Excerpt: ...e lease between the parties in this case. No opposition has been filed. Legal Standard “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” CCP § 1021 . Discussion The Court ruled that the "Second Amend...

Excerpt: ...s: (1) To Enforce Section 7031B of the California Business and Professions Code, (2) Breach of Contract against Unlicensed Contractor, (3) Intentional Interference with Prospective Economic Relations, (4) Negligent Interference with Prospective Business Relations, and (5) Damages for Unfair Competition. In sum, Plaintiff seeks recovery of payments made to Defendants under a construction contract. Plaintiff alleges that he paid Defendants a portio...

Excerpt: ...cause of action alleges the following violations: a. Failing to pay all earned wage compensation in violation of Labor Code §§ 1194 and 1198 et seq.; b. Failing to pay all earned overtime compensation in violation of Labor Code §§ 204, 510, 1194, and 1198 et seq.; c. Failing to provide legally required meal periods and failing to pay an additional hour of premium pay for meal period violations in violation of Labor Code §§ 226.7 and 512; d....

Excerpt: ...rney's fees, costs and expenses by motion. During the litigation of this matter the parties conducted significant discovery, which included taking 10 depositions, and motions to compel (Mikhov Decl., ¶ 16-19.) Plaintiff moves the Court for (1) $48,846.50 in attorneys' fees, (2) a .5 multiplier for an additional $24,423.25, and (3) costs and expenses incurred totaling $10,114.65 for a total of $83,384.40. Legal Standard A prevailing buyer in an a...

Excerpt: ...at the subject vehicle was prone to risk of an engine fire. On April 17, 2019, Plaintiffs filed a Complaint against Kia Motors America, Inc. (“Defendant”). Plaintiffs' Complaint alleges the following causes of action: 1. Violation of Song-Beverly Act—Breach of Express Warranty; 2. Violation of Song-Beverly Act—Breach of Implied Warranty; 3. Violation of Song-Beverly Act Section 1793.2; 4. Fraudulent Inducement—Concealment; and 5. Fraudu...

Excerpt: ..., Plaintiffs initiated the present action by filing a Complaint. On August 19, 2019, Plaintiffs filed a First Amended Complaint. On August 21, 2019, Plaintiffs filed a Second Amended Complaint. On January 2, 2020, Plaintiffs filed the operative Third Amended Complaint against NBA Automotive, Inc. dba Nissani Bros. Chevrolet; TD Auto Finance, LLC; Merchants Bonding Company (Mutual); General Motors LLC; and Does 1 through 75 (collectively, “Defen...

Excerpt: ... On April 13, 2021, the judgment was renewed. On July 27, 2021, Plaintiff obtained a writ of execution against Chang and Lee in the amount of $262,695.66. On November 19, 2021, Plaintiff filed a motion to amend the judgment to add The Plus & Solution Corp. (“Plus Corp.”) as a judgment debtor. That motion is on calendar to be heard. Legal Standard Pursuant to CCP section 187, a trial court has jurisdiction to modify a judgment to add additiona...

Excerpt: ...eges that Defendants failed to provide timely access to urgent, lifesaving medical care when Defendants denied Plaintiff's doctor's request for specialist care when they were aware of a potential lung cancer diagnosis. (Compl., ¶1.) Specifically, Plaintiff's Complaint alleges that Defendants failed to meet the ordinary duty of care owed by committing the following acts: (1) Initially denying Plaintiff services at UCLA Santa Monica for urgent pul...

Excerpt: ... (“Las Aguilas”). On April 30, 2020, Plaintiffs amended their Complaint to add defendants Management and Leasing Services, Irma Verduzco, Elvira Vargas, and Juan Vargas. On July 15, 2021, Plaintiffs filed requests to dismiss defendants Elvira Vargas and Juan Vargas without prejudice. On July 26, 2022, Plaintiffs amended their Complaint again to substitute the true name for the defendant sued under the fictitious name of DOE 5, to Power Proper...

Excerpt: ...maging Management, LLC, initiated this suit in court on July 21, 2021, and thereafter, on August 25, 2021, filed the operative First Amended Complaint. Plaintiffs allege that Defendant is the medical billings services vendor to the radiology practices and facilities affiliated with plaintiff California Managed Imaging Medical Group, Inc. (FAC ¶ 1.) Plaintiffs allege that Defendant has engaged in gross misconduct and has not complied with applica...

Excerpt: ...siness Practices (4) Declaratory Relief The SAC alleges the following. For approximately 20 years, Plaintiff maintained Defendant's homeowner's insurance policy (the “Policy”) Plaintiff's primary residence. (SAC, ¶¶ 1, 10; Ex. A – a copy of the Policy.) The Policy covers flood, water damage, and other losses sustained to the Property, and Plaintiff's personal property. (SAC, ¶¶ 10, 13.) On or about August 28, 2018, a pipe broke in Plain...

Excerpt: ...Riker and John R. Riker are named as Respondents. Karen M. Riker and Petitioners were involved in a fee dispute over $127,623.06. (First Amended Petition to Confirm Arbitration Award, ¶ 3(b)(3).) Petitioners note in their Petition that Petitioners represented initial respondent Karen Riker, both individually and in her capacity as trustee for the Horwith Trust of 1998, and that John R. Riker has been named in place of Karen Riker as successor tr...

Excerpt: ...mplaint against Victor L. George dba The Law Office of Victor L. George (hereinafter “Cross-Defendant”) and Roes 1 through 25. The Cross-Complaint asserted the following causes of action: (1) Fraud in the Inducement; (2) Fraud in the Factum; (3) Breach of Contract; (4) Negligence; (5) Breach of Fiduciary Duty; and (6) Unjust Enrichment. On August 18, 2020, Cross-Defendant filed a Demurrer against Cross-Complainant's Cross-Complaint. On Januar...