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

Excerpt: ...he exclusivity provision of the Workers' Compensation Act (WCA). (Min. Or. 04/29/22.) The First Amended Complaint (FAC) asserts claims against Intact Insurance Group USA, LLC d/b/a OneBeacon; Atlantic Specialty Insurance Company; Homeland Insurance Company of New York; Great West Casualty Company; Forward Aire, Ink. f/k/a Towne Air Fright (collectively “Defendants”) and Does 4 to 20. The FAC alleges causes of action for: 1) Fraudulent Misrepr...

Excerpt: ...istress; 5) Negligence Per Se; 6) Breach of Contract; 7) Negligent Misrepresentation; 8) Premises Liability; 9) Strict Liability/Products Liability; 10) Assault; and 11) Battery. Proof of Service for Defendants Julian Kim and Mappse Weight Loss & Pain Care CT was filed on February 02, 2022. A Statement of Damages was filed on October 17, 2022. Default was entered against Defendants on September 12, 2022. Does 1 to 100 were dismissed on October 06...

Excerpt: ...led Opposing papers on October 24, 2022. Defendant filed a reply on November 11, 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 Proced...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...4) Negligent Misrepresentation; 5) Constructive Fraud; 6) Breach of Covenant of Good Faith and Fair Dealing; 7) Declaratory Relief; 8) Breach of Fiduciary Duty; 9) Accounting; 10) Transfer of Ownership of Company Assets; 11) Compel Payment of Paid Distributions; 12) Unjust Enrichment; 13) Partition; 14) Breach of Duty of Loyalty; and 15) Conversion. On May 5, 2022, Plaintiffs requested an Informal Discovery Conference to be conducted on July 15, ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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