Excerpt: ...s causes of action for: 1. Racial Discrimination in Violation of FEHA; 2. Failure to Take All Reasonable Steps to Prevent Discrimination in Violation of FEHA; 3. Harassment and Hostile Work Environment in Violation of FEHA; 4. Retaliation in Violation of FEHA; 5. Unlawful Retaliation in Violation of Labor Code § 1102.5; 6. Assault; 7. Battery; 8. Negligence—Vicarious Liability; 9. Intentional Infliction of Emotional Distress; 10. Conspiracy to...

Excerpt: ...tes, LLP) (“6506 Hollywood Associates” or “Playhouse”); Muse Lifestyle Group; Robert Vinokur (erroneously sued as Robert Vinakour); and Does 1 through 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 Amer...

Excerpt: ...d the cause of action is no precluded by the economic loss rule. (See discussion below.) Motion to Strike is DENIED. (See discussion below.) Defendant to Answer within 10 days. Demurrer Defendant demurrers to the sixth cause of action for fraudulent inducement. The elements of an action for fraud based on concealment are: “(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to discl...

Excerpt: ...) While Plaintiff regularly worked six (6) overtime hours per week, Defendants failed to pay Plaintiff any overtime wages during her employment. (Compl., ¶ 20.) Rather, Plaintiff was only paid regular, non-overtime wages for her overtime work. (Ibid.) Additionally, Defendants failed to provide rest breaks to Plaintiff during her employment. (Compl., ¶ 37.) Further, Defendants failed to provide itemized wage and hour statements to Plaintiff duri...

Excerpt: ...ntiff filed the operative Second Amended Complaint against Legendary Investors Group No. 1, LLC, Legendary Developments, LLC, Dilip Bhavnani, Kamila Bhavnani, Surjit Soni, David R. Hinton, HKG, LLP, and Does 1 through 100 (collectively “Defendants”). Plaintiff's Second Amended Complaint alleges the following causes of action against Defendants: (1) Judicial Dissolution and Appointment of a Receiver (By Plaintiff individually); (2) Breach of F...

Excerpt: ...ainant”). On June 21, 2021, Defendant/Cross-Complainant filed a Cross-Complaint against Plaintiff/Cross-Defendant. Defendant/Cross-Complainant's Cross-Complaint alleges the following causes of action: (1) Breach of Fiduciary Duty; and (2) Conversion. On September 21, 2021, Plaintiff/Cross-Defendant filed a Demurrer against Defendant/Cross- Complainant's Cross-Complaint. On January 7, 2022, Defendant/Cross-Complainant attempted to file an Amende...

Excerpt: ...the engine—a gasoline direct injection (“GDI”) engine—such that 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 A...

Excerpt: ...each of written contract; (2) breach of oral contract; and (3) common counts. DiCarlo is Miravilla Defendants' managing agent. On January 7, 2020, DiCarlo, on behalf of himself and Miravilla Defendants, requested to borrow $100,000.00 from Plaintiff as a short-term loan. (Compl., ¶ 5.) Plaintiff agreed to make the loan, and DiCarlo prepared the Promissory Note for his development companies (Miravilla Defendants), to be signed and guaranteed by D...

Excerpt: ...de § 2698, et seq.). On September 27, 2021, Defendant filed a demurrer to the SAC, and on December 4, 2021, Defendant filed a motion to strike portions of the SAC. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.¿When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacrame...

Excerpt: ...against Defendants Esfandiary, LLC and Capital Asset Partners, LLC); and (2) Declaratory Relief (against Defendant City of Los Angeles). On July 7, 2021, Defendants Esfandiary, LLC and Capital Asset Partners, LLC filed a Demurrer to Plaintiffs' Verified Complaint for Declaratory and Injunctive Relief, challenging the sufficiency of Plaintiffs' first cause of action for declaratory relief. Legal Standard A demurrer for sufficiency tests whether th...

Excerpt: ...of a road easement that was recorded on December 29, 1949 as Instrument No. 2595 in the Office of the County Recorder of Los Angeles County. (Id at p. 4, ¶8). The easement, referred to as the "Myers and Kulli's Oak Grove Tract Road Easement," is described as being located " . . . over a strip of land in Lot 46 or Tract no. 1403, in the City of and County of Los Angeles, State of California, as per nap recorded in Book 18 Pages 198 and 199 al' Ma...

Excerpt: ...it made strange noises. (Id., ¶ 10.) After assurance from the salesman that the noises only occurred because the vehicle needed an oil change and because it had a turbocharger, Plaintiff agreed to purchase the vehicle. (Id., ¶¶ 10-13.) The vehicle had various problems after Plaintiff's purchase. (Id., ¶ 22.) Thereafter, Plaintiff filed this suit against Moka Auto Show Inc., d/b/a Delux Motors, Hudson Insurance Company, and GWC Warranty Corpor...

Excerpt: ...aniel Karayan (“Karayan”), Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). On February 5, 2021, Defendant Karayan (hereinafter referred to as “Defendant”) filed a Cross‐Complaint (“XC”) asserting causes of action (1) breach of written contract, (2) quantum meruit, (3) account stated, (4) book account, and (5) declaratory relief against Plaintiff, SCPS Unlimited LLC (“SCPS”), Craig Currie (“C...

Excerpt: ...iffs shall proceed with arbitration of all non-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, file...

Excerpt: ...efendants: 1. Open Book Account; 2. Account Stated; 3. Reasonable Value; 4. Breach of Contract; and 5. Breach of Guarantee. On July 23, 2021, Plaintiff served defendants ATP Auto Finance LLC with the Summons and Complaint. On July 29, 2021, Plaintiff served defendant Moreno with the Summons and Complaint. On October 20, 2021, Plaintiff entered default entries against defendants ATP Auto Finance LLC and Moreno (collectively, the “Defendants”)....

Excerpt: ...endants. The TAC asserts causes of action for: 1. Declaratory Judgment against Defendants Jay, RE/MAX, Wargocz, and Kinecta; 2. Judicial Rescission against Defendants Jay, RE/MAX, Wargocz, and Kinecta; 3. Fraud and Deceit against Defendants Jay, RE/MAX, and Wargocz; 4. Quiet Title against Defendants Jay and Kinecta; 5. Breach of Fiduciary Duty against Defendants Jay, Wargocz, and Kinecta; 6. Conversion against Defendants Jay, Richard, and Charlan...

Excerpt: ... tenants agreed to lease Plaintiff's condominium but did not pay rent and Zhang physically robbed, assaulted, and battered Plaintiff. On March 15, 2021, default was entered against Zhang. On April 9, 2021, default was entered against Kang. On May 10, 2021, the Court denied Plaintiff's application for default judgment without prejudice because of deficient papers, including missing evidence and statement of damages not served on all defendants. On...

Excerpt: ...”) against defendants AYA Healthcare, Inc. d/b/a AYA Healthcare Staffing, Inc. (“AYA”), Pacific Gardens Medical Center, LLC, (“Pacific Gardens”), Pacifica of the Valley Corporation d/b/a PHV Pacifica Hospital of the Valley (“Pacifica Hospital”), and Does 1 to 100, inclusive (collectively, the “Defendants”). The FAC asserts two causes of action against the Defendants for (1) penalties pursuant to Labor Code, Section 2699(a), and ...

Excerpt: ...sserts the single cause of action for specific performance. Defendant Kriangkiat Vatanatiraskul (hereinafter, “Defendant”) now moves to compel arbitration pursuant to a written agreement. Legal Standard on Motion to Compel Arbitration California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 C...

Excerpt: ...omplaint states that Plaintiff “amends his original complaint…to add 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 includes 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 ...

Excerpt: ...OTION TO COMPEL DEFENDANT MARCO GOMEZ MARROQUIN 'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS; AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,500 ; (4) MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUEST FOR ADMISSIONS, SET ONE, ADMITTED AGAINST DEFENDANT MARCO GOMEZ MARROQUIN ; AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,200 Background The present action arises out of the alleged unhabitable condition of...

Excerpt: ...nst Defendant for violations of the Song-Beverly Warranty Consumer Act (“SBA”), or California's “lemon law,” in connection with the Plaintiffs' purchase on December 12, 2012, of a new 2013 Kia Soul, VIN: KNDJT2A59D7541823 (“Subject Vehicle”) from All Star Kia in San Bernardino, California. In particular, the FAC asserts the following causes of action against Defendant: 1) Violation of Subdivision (d) of Civ. Code § 1793.2; 2) Violati...

Excerpt: ...2021, Plaintiff filed the operative First Amended Complaint against Defendants. Plaintiff's First Amended Complaint alleges the following causes of action: (1) Discrimination in Violation of the FEHA; (2) Hostile Work Environment Harassment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA; (5) Failure to Engage in the Interactive Process ...

Excerpt: ...1-800 telephone number to conduct his business. Pursuant to this contractual agreement, Com Tech21/AEON assigned a 1-800 number to Plaintiff. Plaintiff used this telephone number for approximately twenty years and used the telephone number to grow Plaintiff's business to a net income of $30,000 per month. However, in early 2019, Plaintiff noticed the telephone stopped ringing and, in turn, Plaintiff started to experience a severe decrease in busi...

Excerpt: ...im. Petitioner claims that after she made a written policy demand under the provision and that even when no resolution was met, Safeco has refused to submit the claim to arbitration. LEGAL STANDARD “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, section 1281.2 requires a trial court to enforce a written arbitration agreement unle...

Excerpt: ...er are named as Respondents. Karen M. Riker and Petitioners were involved in a fee dispute over $127,623.06. (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 trustee. (Id., Attachment 1, Item No....

Excerpt: ... of Expert Not Ordered by the Court). Each Item will be discussed separately. a. Timeliness of Plaintiff's Memorandum A review of the filing dates reveals that the Plaintiff's memorandum is timely. California rules of Court rule 3.1700(a) states that a prevailing party who claims costs must file and serve a memorandum of costs within 15 days after the date of service of the notice of entry of judgment by the clerk or other party. Further, under C...

Excerpt: ...” and/or “AHM”). Plaintiffs allege that the Subject Vehicle suffers from serious defects and nonconformities in breach of warranties made by Defendant AHM under the SBA. The Plaintiffs further allege that Defendant was unable to repair or remedy the issues through either a prompt offer to repurchase or to replace the vehicle in accordance with the SBA. On October 21, 2020, 4, 2019, Plaintiffs filed this action's complaint (“Complaint”) ...

Excerpt: ...d Linda Y. Shen, M.D. (“Shen”) (collectively, “Defendants”) for medical malpractice arising out of Defendants' alleged failure to properly diagnose and treatment of Plaintiff's metastatic lung cancer. At this time, Defendants each move for summary judgment. As of November 29, 2021, no opposition has been filed to the motions. Defendants' motions are largely identical and will be analyzed together. 2. Motion for Summary Judgment Defendants...

Excerpt: ...ela Barrios (collectively, “Plaintiffs”), filed this action against Defendants, Gentry Real Estate Investments, LLC, Rosa Ramirez, and Walter Fuentes for damages arising from a dog bite incident. On February 25, 2021, Plaintiff filed proof of service on Gentry Real Estate Investments, LLC's (“GREI”) showing GREI was served with the summons and complaint on December 2, 2020, by personally serving a Ronald K. Gentry as agent for service of ...

Excerpt: ... action for damages arising from a motor vehicle accident. On February 23, 2021, the matter was called for a Final Status Conference (“FSC”) and trial, and after there were no appearances by counsel or the parties, the court ordered the complaint dismissed without prejudice pursuant to CCP § 581(b)(3). On July 15, 2021, Plaintiff filed the instant motion to set aside dismissal. Defendant opposes the motion. Plaintiff originally noticed the m...

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

Excerpt: ...leblower Retaliation in Violation of Labor Code § 1102.5; 4. Wrongful Termination in Violation of Public Policy; 5. Failure to Pay Commissions; and 6. Waiting Times Penalties Pursuant to Labor Code § 203. On November 12, 2020, Rubrik filed its Answer and Cross-Complaint against Plaintiff. The Cross- Complaint asserts the following causes of action: 1. Breach of Contract; 2. Intentional Misrepresentation; and 3. Unjust Enrichment. On January 13,...

Excerpt: ...representation, (4) fraud – negligent misrepresentation, (5) breach of written contract, (6) breach of fiduciary duty, (7) money had and received, (8) intentional infliction of emotional distress, and (9) negligent infliction of emotional distress. Defendants each have akas. On March 13, 2002, Plaintiff filed proofs of service of summons on Defendants. On March 13, 2002, the Court clerk entered default against Defendants. On November 5, 2003, t...

Excerpt: ...es Inc. and Plaintiff signed an employment agreement and retention agreement controlling his continuing employment. Plaintiff later terminated his employment for good reason and now seeks payment that he alleges was wrongfully withheld, including for his stock appreciation rights and performance incentive plan shares. Additionally, Plaintiff contends that PTL placed an improper restrictive covenant restricting his right to seek employment elsewhe...

Excerpt: ...ious Breach of Insurance Contract; and 4. Intentional Infliction of Emotional Distress. Defendant Farmers Insurance Exchange (hereinafter, “Defendant”) demurs to the first and fourth causes of action in the Complaint on the ground that they fail to state sufficient facts to constitute a cause of action and moves to strike allegations in the Complaint related to punitive damages. Legal Standard on Demurrer A demurrer for sufficiency tests whet...

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

Excerpt: ...during her time as Defendant's patient. When Plaintiff rejected Defendant's sexual advances, Plaintiff alleges that Defendant extorted Plaintiff by threatening to “turn in” or “report” Plaintiff as participating in “disability fraud”. On October 9, 2020, Plaintiff filed a Complaint against Defendant. On August 27, 2021, Plaintiff filed the operative First Amended Complaint against Defendant. The First Amended Complaint alleges the fol...

Excerpt: ...edent), to toxic chemicals in connection with Decedent's construction-related work. Plaintiffs allege that Defendant US Gypsum is liable as the supplier and/or manufacturer of two products to which Decedent was allegedly exposed: (1) “Sheetrock Brand Easy Sand Lightweight Setting-Type Joint Compound: 5,” and (2) “Sheetrock Brand Easy Sand Lightweight Setting-Type Joint Compound: 20.” And, as a direct result of said exposure to said toxins...

Excerpt: ...ety Company of America and asserts causes of action for: (1) Violation of Consumer Legal Remedies Act (Civ. Code § 1770 et seq.); and (2) Deceit. On October 12, 2021, Defendant Johnson Ford, Inc. (hereinafter “Defendant”) filed the instant motion to compel a deposition of Non-Party James Lahren (“Lahren”). Defendant also seeks $3,640 in monetary sanctions against Lahren. Lahren did not file an opposition. Legal Standard Pursuant to Code ...

Excerpt: ...ed a Demurrer to Plaintiff's Complaint. On June 24, 2021, Plaintiff filed the operative First Amended Complaint. Plaintiff's First Amended Complaint alleges the following causes of action: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; (2) Violation of Cal. Civ. Code § 1788.17; (3) Violation of Business and Professions Code §§ 17200, et seq.; and (4) Violation of Cal. Civ. Code § 2924.17. On June 25, 2021, Defendant filed ...

Excerpt: ... 5, 2021, and proof of service was filed on January 6, 2021. On April 9 and May 5, 2021, Plaintiff made failed attempts to enter an entry of default against Defendant. On June 9, 2021, the Plaintiff successfully entered an entry of default against Defendant. On September 15, 2021, Plaintiff filed the pending Request for Court Judgment against Defendant. DISCUSSION A. Standard of proof for a default judgment prove up Under California law, the part...

Excerpt: ...members of a closed-network located online and managed in Glendale, CA, by Vista. Plaintiff alleges that Phillip A. Piccolo, Jr ("Piccolo") and Kevin Dalton Johnson (“Johnson”), both software developers hired to provide Vista “back-office administrative software support,” breached their fiduciary and/or contractual duties by using certain privileges entrusted to them to unjustly enrich themselves. Plaintiff's business partner in Vista is ...

Excerpt: ...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 Billie); 5. Unjust Enrichment (against Billie); 6. Declaratory Relief (against Billie); 7. Declaratory Relief (against Billie); 1. Money Had and Received (against Billie); and 9. Mistaken Receipt (against Billie). On January 29, 2021, default was entered as ...

Excerpt: ...IM”); 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. On August 25, 2021, Zotec f...

Excerpt: ...efendant. The Complaint asserts a single cause of action for declaratory relief, seeking judicial determination that Plaintiff's lien has priority over Defendant's. On September 30, 2021, Defendant filed a Motion to Compel Production of Documents to Request Number 20 from Plaintiff and Request to Conduct In Camera Review of Documents. Defendant additionally requests monetary sanctions in an amount of $5,736.65. Legal Standard Code of Civil Proced...

Excerpt: ...as operating the 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 (“Plaintiff”), initiated the present action. On December 10, 2019, Plaintiff filed the operative First Amended Complaint. The First Amended Complaint alleges the following causes of action: (1) Negligence/Wrongful Death, and (2) Survival Action. On July 9, 201...

Excerpt: ...nce; and 4. Breach of Implied Warranty of Merchantability. Defendants Comtech 21, LLC and AEON, Inc. (collectively “Defendants”) move the Court for “Evidentiary and Issue” sanctions against Plaintiff to prevent Plaintiff from the use of evidence demonstrating Plaintiff's damages for loss of business revenue. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court...

Excerpt: ... of the Covenant of Good Faith and Fair Dealing 5. Violation of California Business & Professions Code § 17200 6. Accounting 7. Declaratory Relief 8. Release of Mechanic's Lien. On May 18, 2020, Defendant filed a Cross-Complaint against Plaintiff. The operative pleading is the Second Amended Cross-Complaint (“SACC”), which asserts a cause of action for breach of contract. This action arises from allegations of a breach of a written contract ...

Excerpt: ...ion: (1) Age Harassment (Gov. Code §§ 12940 et al.) (2) Actual/Perceived Disability Discrimination (Gov. Code §§ 12940, et seq.) (3) Actual/Perceived Disability Retaliation (Gov. Code §§ 12940, et seq.) (4) Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) (5) Wrongful Termination in Violation of Public Policy (6) Intentional Infliction of Emotional Distress On July 16, 2021, Sun Mar was dismissed. Cross‐Complaint On June 25, 2...

Excerpt: ...roduction of Documents, Set One. The parties agreed to continue the meet and confer process to resolve any remaining issues, and Plaintiff clarified that she is not seeking any medical information about any witnesses. The deadline to file a motion to compel further was also extended. On September 20, 2021, Plaintiff filed the instant motions to compel further. Legal Standard Code of Civil Procedure § 2030.220 requires that each answer to an inte...

Excerpt: ... 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. On October 13, 2021, Defendants filed the pending Motion To Continue Trial Date. Plaintiffs filed their opposition papers to the pending motion on October 22, 2021. On October 28, 2021, Defendants...

Excerpt: ...ondition(s). On May 15, 2018, Plaintiff filed the instant action's complaint (“Complaint”) alleging two causes of action for 1) disability discrimination, and 2) racial discrimination arising out of his May 11, 2017, termination by Defendant. On August 26, 2019, Defendant removed the case to federal court on diversity grounds. Plaintiff's Motion for Remand was granted on the grounds that the one-year deadline to remove the matter had passed. ...

Excerpt: ...ublic Policy (the “Complaint”). On May 28, 2020, Mastronardi filed an answer to the Complaint. AVR filed an answer on May 29, 2020. On August 20, 2021, Defendants filed a motion for summary adjudication (the “Motion”), seeking summary adjudication of the fourth and fifth causes of action—retaliation and wrongful termination in violation of public policy, respectively. Concurrently with the Motion, Defendants filed: (1) a separate statem...

Excerpt: ...through 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, Aerial Arts American Institute D/B/A Aerial Arts America, and 6506 Hollywood Holdings, LLC (“6506 Hollywood Holdings”) as Does 1 through 3, respectively. Subject to a joint st...

Excerpt: ...initial petition for clerical errors contained therein. On October 18, 2021, Petitioner filed the instant Amended Verified Petition To Ascertain And Establish Impulso News As A Newspaper Of General Circulation. A corresponding Memorandum of Point & Authorities in support thereof was filed on October 21, 2021. The Court has consider the amended papers. Legal Standard Certain official notices must be published in a newspaper of general circulation....

Excerpt: ...ritten Contract; and (8) Extortion – Civil. On August 27, 2021, the parties participated in an IDC. Defendant Robert David Sibley, Jr., M.D., now moves for an order compelling Plaintiff to provide further responses to Requests for Admission, Set One, and monetary sanctions. Legal Standard Under CCP § 2033.290, a court may order a party to serve a further response to a request for admission when the court finds that any of the following apply: ...

Excerpt: ...abitability; (2) Breach of Statutory Warranty of Habitability; (3) Breach of Covenant of Quiet Enjoyment; (4) Negligence; (5) Violation of Civil Code sections 1942.4 and 1942.5; (6) Nuisance; and (7) Violations of Unfair Competition Law. On July 22, 2021, Plaintiffs filed a Motion to Enforce Settlement Pursuant to Code of Civil Procedure section 664.6. Plaintiffs' Motion concerned the settlement between them and defendants Edward Kim, Ginie Cho, ...

Excerpt: ...AC”). The FAC asserts causes of action for: 1. Violation of California Labor Coe §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); 2. Violation of California Labor Code § 1198 (Unpaid Overtime); 3. Violation of California Labor Code § 226.7 (Unpaid Meal Period Premiums); 4. Violation of California Labor Code § 226.7 (Unpaid Rest Period Premiums); 5. Violation of California Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); 6. Viola...

Excerpt: ...st Amended Complaint (“FAC”), excluding Kinecta Federal Credit Union, Richard Stutzman; Lauren Stutzman; and John Charland as parties. On October 27, 2020, Plaintiff filed the Verified Second Amended Complaint (“SAC”). The SAC adds Kinecta Federal Union (“Kinecta”); Richard Stutzman (“Richard”); Lauren Stutzman (“Lauren”); Rita Spiegelman (“Spiegelman”); Alan Bond (“Bond”); and John Charland (“Charland”) as defenda...

Excerpt: ...-Beverly Act; and 3. Fraudulent Inducement – Concealment. On May 19, 202, Plaintiff accepted Defendants CCP 998 offer to settle, wherein Defendants agreed to pay Plaintiff's attorney's fees and costs. On May 27, 2021, the Parties filed a notice of settlement of the entire case. On August 25, 2021, Plaintiff moved the Court for attorney fees. On September 13, 2021, Defendants move the Court to tax Plaintiff's costs. MOTION FOR ATTORNEY'S FEES Ev...

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

Excerpt: ...ty Act; And (3) Violation Of Song-Beverly Warranty Act Section 1793.2; Defendants Mercedes-Benz USA, LLC and Keys European LLC (“Defendants”) move the Court for an order (i) compelling Plaintiffs Sade Vidalcadena and Jose Vidalcedana to arbitrate all of their claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy ...

Excerpt: ...ing Sung Insurance Agency (“Ting Sung Insurance”); and Does 1 through 100. On January 19, 2021, Plaintiff filed the operative Second Amended Complaint asserting causes of action for: 1. Breach of Contract (against Braemar on Raymond and Braemar-Caledonia); 2. Breach of Contract (against Sauve Riegel); 3. Breach of Contract (against Ting Sung Insurance, Chow, and Sung); 4. Negligence (against Braemar on Raymond and Braemar Caledonia); 5. Negli...

Excerpt: ...on of Labor Code §§ 200-204 (Waiting Time Penalties); and (5) Violation of California Business & Professions Code §§ 17200, et seq. On July 21, 2021, Plaintiff filed a Motion for Leave to Amend Complaint to Add Newly Alleged Facts. On August 11, 2011, the Court denied the motion without prejudice. On August 24, 2021, Plaintiff filed a second Motion for Leave to Amend Complaint. On August 31, 2021, Defendant and Cross-Complainant Los Angeles O...

Excerpt: ... & Development, Inc. (“BC Design”); and Does 1 through 10. The Complaint relates to the construction of a 12,000 square foot single-family residence located at 1814 Marcheeta Place, Los Angles, California (the “Project”). The Complaint asserts causes of action for: (1) Money Due on Contract; (2) Foreclose Mechanic's Lien; (3) Open Book Account; (4) Reasonable Value of Labor and Materials Furnished; and (5) Breach of Implied Covenant of Go...

Excerpt: ...“FAC”). The FAC asserts causes of action for: 1. Violations of Consumers Legal Remedies Act Against Dealers and Holder; 2. Violations of Consumers Legal Remedies Act Against Nissan; 3. Breach of Implied Warranty of Merchantability in Violation of Song-Beverly Act Against Dealers and Holder; 4. Failure to Promptly Replace or Make Restitution in Violation of Song-Beverly Act Against Nissan; 5. Failure to Repair in Violation of Song-Beverly Act ...

Excerpt: ...he award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn 5.) Thus, an arbitration award may only be vacated if (1) the award was procur...

Excerpt: ...FAC”). The FAC asserts causes of action for: (1) Intentional Interference with Contractual Relations; (2) Inducing Breach of Contract; (3) Intentional Interference with Prospective Economic Advantage; and (4) Negligent Interference with Prospective Economic Advantage. On January 15, 2021, Defendants Astroturf Corporation, Astroturf Construction, William Heard Smith, and Jennifer Young filed a demurrer and motion to strike Plaintiff's complaint....

Excerpt: ...ses of action for: (1) Sexual Harassment (2) Failure to Prevent Sexual Harassment and Retaliation (3) Retaliation for Complaining About Sexual Harassment (4) Whistle-blower Retaliation (Cal. Labor Code §1102.5) (5) Retaliation for Exercising a Right Afforded to the Employee [Cal. Labor Code §98.6(a)] (6) Penalties Pursuant to Cal. Labor Code § 2699 et seq. (Arias) (7) Penalties Pursuant to Cal. Labor Code § 2699 et seq. (Castro‐Licona) Plai...

Excerpt: ...tor of the Estate of Paul Lester Sperling, aka Paul Lester Sperling, Sr., Decedent; Phyllis Sperling, as Trustee of the Paul and Phyllis Sperling Family Trust dated August 7, 2009; and Phyllis Sperling, an Individual. The FAC asserts causes of action for: (1) Specific Performance; (2) Breach Of Contract; (3) Declaratory Relief Regarding Document No. 20111599755; (4) Declaratory Relief Regarding Document No. 20180869076; (5) Cancellation Of Instru...

Excerpt: ...er “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 dba Mr. Cooper (“Nationstar”); NBS Default Services, LLC (“NBS”); Affinia Default Services, LLC (“Affinia”); Hovesep Hunanyan; and Moes 1 through...

Excerpt: ...egedly induced Plaintiff to pay “interest differential” payments to Defendant in order to permit Plaintiff to refinance his loan. On November 25, 2020, Plaintiff filed the instant Complaint against Defendant, seeking to recover all monies wrongfully paid to Defendant. Plaintiff's Complaint alleges the following causes of action against Defendant: (1) conversion, (2) declaratory relief, and (3) money had and received. On July 2, 2021, Defendan...

Excerpt: ...ailure to Pay Wages; (6) Failure to Provide Itemized Wage Statements; (7) Violation of Business & Professions Code § 17200; (8) Failure to Grant Medical Leave in Violation of the California Family Rights Act; (9) Failure to Reinstate in Violation of the California Family Rights Act; (10) Denial of Medical Leave in Violation of the California Family Rights Act; (11) Restraint of Medical Leave in Violation of the California Family Rights Act; (12)...

Excerpt: ..., Plaintiff filed the Second Amended Complaint (“SAC”). The SAC added Defendant Activequest, Inc. and asserts causes of action for: (1) Age Discrimination in Violation of the Fair Employment and Housing Act; (2) Relation for Complaints of Age Harassment in Violation of the Fair Employment and Housing Act; (3) Wrongful Termination in Violation of Public Policy; and (4) Failure to Prevent and/or Stop Harassment, Discrimination, and/or Retaliati...

Excerpt: ...ation of Gov. Code § 12940(h); (3) Sex, Pregnancy, Disability, and Disability Association in Violation of FEHA; (4) Sex, Pregnancy, Disability, and Disability Association Harassment in Violation of FEHA; (5) Failure to Prevent Discrimination, Harassment, and Retaliation; (6) Wrongful Termination in Violation of Public Policy; (7) Failure to Engage in a Good Faith Interactive Process; (8) Failure to Accommodate; (9) Intentional Infliction of Emot...

Excerpt: ...ation Of The Song Beverly Act Section 1793.2 (4) Fraudulent Inducement – Concealment On August 31, 2021, Defendants FCA US LLC (“FCA”) and West Covina CDJR Car Stop LLC dba West Covina CDJR (“West Covina”) each filed a motion to compel arbitration and stay action against Plaintiffs Maria De Lourdes Ortiz and Frances Yang (“Plaintiffs”). On October 1, 2021, Plaintiffs filed a consolidated opposition to both motions to compel arbitrat...

Excerpt: ...ntingent on ad revenue. (FAC, ¶ 1.) Plaintiff alleged that Foxpoint then flipped the lease to Netflix, which vitiated Plaintiff's ability to earn ad revenue. (Ibid.) In October 2020, Plaintiff and Netflix reached a settlement after participating in a mediation. (Opp. at 3:26-27.) On March 4, 2021, Plaintiff dismissed defendant Netflix with prejudice. On September 9, 2021, Plaintiff filed the operative Second Amended Complaint against only Defend...

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

Excerpt: ...ing may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of Californi...

Excerpt: ...ainst Defendant. Defendant now moves for an order setting aside the default and default judgment entered against her on the grounds that Defendant was never served with the summons and Complaint and did not receive actual notice of this action in time to defend. Legal Standard The Court has broad discretion to set aside the entry of default, default judgment, or a dismissal, but that discretion can be exercised only if the defendant establishes a...

Excerpt: ...sonment Defendants move for an order deeming its Requests for Admissions, Set One admitted. Legal Standard Code of Civil Procedure section 2033.280 provides in relevant part: If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for w...

Excerpt: ...nment Defendants move for an order deeming its Requests for Admissions, Set One admitted. Legal Standard Code of Civil Procedure section 2033.280 provides in relevant part: If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for wor...

Excerpt: ... 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) (6) Fraudulent Inducement – Concealment (7) Negligent Repair Defendant FCA US, LLC (Defendant) now moves for summary adjudication of the sixth cause of action and the claim for punitive da...

Excerpt: ...s causes of action for: (1) Defamation; (2) Public Disclosure of Private Facts; (3) Intentional Infliction of Emotional Distress; (4) Conversion (against Billie); (5) Unjust Enrichment (against Billie); (6) Declaratory Relief (against Billie); (7) Declaratory Relief (against Billie); (8) Money Had and Received (against Billie); and (9) Mistaken Receipt (against Billie) Plaintiff now moves for an order deeming its Requests for Admission, Set Three...

Excerpt: ...y of Los Angeles (“Defendant”) on July 23, 2021. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c...

Excerpt: ...nt (Gov. Code §§ 12940 et al.) (2) Actual/Perceived Disability Discrimination (Gov. Code §§ 12940, et seq.) (3) Actual/Perceived Disability Retaliation (Gov. Code §§ 12940, et seq.) (4) Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) (5) Wrongful Termination in Violation of Public Policy (6) Intentional Infliction of Emotional Distress On July 20, 2021, the parties signed a Workers' Compensation Compromise & Release (the “Com...

Excerpt: ...ndered) (3) Intentional Misrepresentation (4) Unjust Enrichment (5) Battery (6) Assault (7) False Imprisonment Defendants Yanfan Foundation, Franco Testini, Thomas Testini, Tom Edwards (hereinafter “Defendants”) demur to the third cause of action for intentional misrepresentation on the ground that the claim does not state facts sufficient to constitute a cause of action. Legal Standard A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...f Contract – Promissory Note; (3) Breach of Fiduciary Duty; (4) Fraud (5) Unjust Enrichment (6) Account Stated (7) Open Book Account (8) Money Lent (9) Money Had and Received Plaintiff companies are Delaware Corporations with their principal place of business in Beverly Hills, California. Plaintiffs are franchisors for steakhouse restaurants. On August 23, 2021, Specially Appearing Defendants BMJ FOODS P.R., INC. (a Puerto Rico Corporation), SA...

Excerpt: ...ed to, 56-33, 3x3 CI/PVC, 0-52063- 04934-2 (“Products”) that contain Di (2-ethylhexyl) phthalate (“DEHP”), Lead, and Di-n-Butyl Phthalate (“DBP”), chemicals known to cause cancer and reproductive toxicity, without the required warning language. SUMMARY OF ISSUES: On August 19, 2021, Plaintiff filed the present motion to approve the Consent Judgment. Plaintiff moves this Court, pursuant to California Health & Safety Code § 25249.7(f),...

Excerpt: ...of Good Faith and Fair Dealing; 4. Wrongful Termination in Violation of Public Policy; 5. Violation of the California Constitution; 6. Violation of California Government Code §12900, et seq; 7. Violation of California Government Code §12900, et seq; 8. Violation of California Labor Code §1101; 9. Violation of California Labor Code §1102; 10. Violation of California Labor Code §1102.5; 11. Violation of California Labor Code §1198.5; 12. Frau...

Excerpt: ...ss it has obtained a judicial decree establishing it as such. (Gov. Code, § 6027.) Hence, a newspaper that desires to have its standing as a newspaper of general circulation ascertained and established may, by its publisher, manager, editor, or attorney, file a verified petition in the superior court of the county in which it is established, printed, and published, setting forth the facts which justify such action. (Gov. Code, § 6021.) Furtherm...

Excerpt: ... informed the Court that the case had settled. Plaintiff now moves for an order enforcing the terms of the settlement agreement between the parties pursuant to Code of Civil Procedure section 664.6 and for attorney fees and costs for being required to enforce the agreement. Specifically, Plaintiff moves the Court for a judgment against Defendant S & E 786 Enterprise, LLC (hereinafter “Defendant”) in the principal amount of $7,500.00, plus an ...

Excerpt: ...e Imprisonment On June 8, 2021, Defendants Cedars-Sinai Health System and Thomas M. Priselac (hereinafter “Defendants”) brought the instant demurrer with motion to strike. The Court notes that the demurrer and motion to strike were properly served on Plaintiff. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, c...

Excerpt: ...tober 8, 2020, Plaintiffs filed a First Amended Complaint in Federal Court. On October 20, 2020, the District Court granted Plaintiffs' Motion for Remand, and returned the case to the Superior Court. On April 20, 2021, this Court granted Defendants' demurrer to Plaintiffs' First Amended Complaint and granted leave to amend. On May 20, 2021, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Breach...

Excerpt: ...g on March 4, 2021. Plaintiff again failed to appear for the Order to Show Cause Re: Dismissal for Failure to Prosecute on April 22, 2021. On April 21, 2021, Plaintiff filed a declaration stating that he was incarcerated and was set to be released September 7, 2021. He stated that while he was in custody, he had not received any mail relating to this matter and had a friend checking his post office box for relevant notices. He further states that...

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

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

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

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