Excerpt: ...tration and Stay Proceedings. Plaintiff filed opposing papers on January 11, 2023. Nissan filed a reply on January 18, 2023. 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.4t...

Excerpt: ...aragraphs 72, 84, 139, 141, 145, and 163 is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Motion to Strike Paragraphs 107, 114, 182, 191, and Prayer for Punitive Damages is DENIED. The Motion to Strike the second cause of action is MOOT. BACKGROUND On March 01, 2022, Plaintiffs Carolyn Allred and Lola Selah Rois Allred, by and through her guardian ad litem, Carolyn Allred, filed a Complaint against Charmaine Collins Charles; Leslie Charles; and Does 1...

Excerpt: ...merica Inc. (“Kia”) and Does 1 to 10 for violations of the Song-Beverly Act. On September 29, 2022, Plaintiffs filed a Motion to Compel Kia's Person Most Knowledgeable (PMK) and Custodian of Records. Kia filed opposing papers on January 10, 2023. Plaintiffs filed a reply on January 17, 2023. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿...

Excerpt: ...2013 Laguna Trust; and Does 1 to 100. The Complaint alleges causes of action for: 1) Violation of California Civil Code § 1942.4 2) Tortious Breach of the Warranty of habitability 3) Private Nuisance 4) Business and Professions Code § 17200, et seq. 5) Negligence 6) Breach of Covenant of Quiet Enjoyment 7) Intentional Infliction of Emotional Distress 8) Negligent Hiring, Retention, and Supervision 9) Negligence Per Se 10) Violation of Retaliato...

Excerpt: ...hemicals, Inc; Mutiu Olatunji Durosinmi-Etti; and Does 1 to 10. The operative First Amended Complaint alleges causes of action for: 1. Breach of Contract/Specific Performance 2. Breach of Contract 3. Promissory Estoppel 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Declaratory Relief 6. Constructive Trust On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Ch...

Excerpt: ...ornia, LAFC Sports, LLC; Major League Soccer, LLC; CISS Management Group; CI Security Specialist, Inc. and Does 1 to 100. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence (Wrongful Death); 2) Negligence (Survival Action); 3) Premises Liability (Wrongful Death) 4) Premises Liability (Survival action); 5) Negligent Hiring/Retention/Supervision Training (Wrongful Death); and Negligent Hiring/Retention/Supervisi...

Excerpt: ...lue; 4) Breach of Contract; and 5) Personal Guarantee. Proof of Service by Substituted Service on Defendants Boondock, Inc and Nicholas F. Devane was filed on October 24, 2022. Default was entered against the Defendants on December 14, 2022. On December 29, 2022, Does 1 to 10 were dismissed. Plaintiff now moves for Default Judgment against the Defendants in the amount of $55,417.85. LEGAL STANDARD Code Civil Procedure section 585 permits entry of...

Excerpt: ... Snoop Dogg's LLC; LAFAC Sports, LLC; Contemporary Services Corporation; and Does 1 to 20. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence; 2) Negligence – Premises Liability; 3) Negligent Infliction of Emotional Distress (NIED); and 4) Intentional Infliction of Emotional Distress (IIED). On July 18, 2022, Defendants Live Nation Worldwide, Inc. (“Live Nation”) and C3 Presents, LLC (“C3”) filed a d...

Excerpt: ...C) alleges causes of action for: 1) Sexual Harassment in Violation of the Unruh Civil Rights Act; 2) Sexual Based Discrimination in Violation of the Unruh Civil Rights Act; 3) Gender Violence in Violation of California Civil Code 52.4; 4) Breach of Contract in Violation of Civil Code 1622; 5) Negligence in Violation of Cal. Civ. Code 174; 6) Conversion in Violation of Cal. Civ. Code 3336; 7) California Civil Conspiracy AND; 8) Intentional Inflict...

Excerpt: ...o compel arbitration was granted. The parties proceeded with arbitration before JAMS as well as written discovery. On September 15, 2020, Plaintiff was deposed. BAHCI refused to produce any witnesses for deposition and proceeded to file for Chapter 7 bankruptcy. Since BAHCI refused to pay the arbitrator no further arbitration proceedings took place and this Court granted Plaintiff's motion to remand on May 6, 2021. On October 11, 2022, Plaintiff ...

Excerpt: .... LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿(Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment ...

Excerpt: ... 2021, Plaintiff Ramon Corona Ortiz filed a Complaint against Defendant General Motors, LLC (“GM”) and Does 1 to 10 for: 1) Violation of the Song-Beverly Act – Breach of Express Warranty 2) Violation of the Song-Beverly Act – Breach of Implied Warranty On December 13, 2022, Plaintiff's Motion to Compel Deposition of GM's Person(s) Most Qualified (PMQ) and Custodian of Records was GRANTED. On December 1, 2022, GM moved for Relief from Waiv...

Excerpt: ...3.2(b) of the Song-Beverly Act; 3) Section 1793.2(a)(3) of the Song-Beverly Act; 4) Breach of Express Written Warrant; 5) Breach of Implied Warranty of Merchantability; 6) Violation of the Magnuson-Moss Warranty Act; and 7) Fraud by Omission. On December 01, 2022, Defendant Nissan moved to Compel Arbitration and Stay Proceedings. Plaintiff filed opposing papers on December 23, 2022. Nissan filed a reply on December 30, 2022. LEGAL STANDARD Partie...

Excerpt: ...nd 39, 44, 49, 50, 55, 60 to 61, 70, 71, and 75 should be sealed. Moving party to give notice. BACKGROUND In this action, several sheriff's deputies (“Plaintiffs”) who were formerly assigned to the East L.A. station allege that they were pressured to quit their jobs or leave the station and that they were otherwise harassed by other deputies who are alleged members of a gang known as the Banditos. The operative Sixth Amended Complaint alleges...

Excerpt: ...tant action against Defendants Creative Artists Agency, LLC (“CAA”); Andrew Miller; Leah Yerushalaim; and Does 1 to 10. The The operative First Amended Complaint (FAC) asserts causes of action for: 1. Breach of Fiduciary Duty and Confidentiality; 2. Breach of Contract; and 3. Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff is a professional television writer and was represented by Defendant CAA through Defendants Miller a...

Excerpt: ...t stated. Plaintiff alleges Defendants borrowed money from Plaintiff and failed to repay him. GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 17, 2022. Defendant Terri Bernardi filed an ...

Excerpt: ... 2) Violation of Civil Code section 1793.2(b); 3) Violation of Civil Code section 1793.2(a)(3); 4) Breach of Express Written Warranty (Civil Code sections 1791.1; 1794; 1795.5); 5) Fraudulent Inducement – Concealment On June 09, 2022, Defendant filed a demurrer with a Motion to Strike Plaintiff's First Amended Complaint and prayer for punitive damages. Plaintiff filed opposing papers on December 22, 2022. A reply was filed on December 29, 2022....

Excerpt: ...ION FOR TAKING MEDICAL LEAVE (GOV'T. CODE §12940(h)); 4) DISCRIMINATION (GOV'T CODE §12940(a)); 5) FAILURE TO ACCOMMODATE (GOV'T. CODE § 12940(m)); 6) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS (GOV'T. CODE § 12940(n)); 7) HARASSMENT (GOV'T. CODE §§ 12940(j)); 8) FAILURE TO PREVENT HARASSMENT, DISCRIMINATION AND RETALITION (GOV'T. CODE §§ 12940(k)); AND 9) WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY. On August 09, 2022, this Court ...

Excerpt: ... Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Whistle...

Excerpt: ..., 2022. Nissan filed a reply on September 29, 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 955, 961.) ¿ A party petitioning to compel arbitration has the burden ...

Excerpt: ...f Los Angeles Elevator and Safety 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 – Manufac...

Excerpt: ... Complaint alleges causes of action for: 1) Elder Abuse/Neglect (Non-COVID Related); 2) Negligence (Non-COVID Related); 3) Elder Abuse/Financial; and 4) Violation of the Patient's Bill of Rights. On November 01, 2022, Defendants filed a Motion to Compel Arbitration and Stay Proceedings. Plaintiff filed two opposing papers on December 15, 2022. Two replies were filed on December 28, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a disp...

Excerpt: ...GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 16, 2022, Plaintiff moved for Default Judgment against Defendant Green Grown Bulk, Inc. (“GGB”). On November 17, 2022. Defendant Terri...

Excerpt: .... The operative First Amended Complaint added Vlad Gold fka Val J. Fayngold as a Defendant and asserted causes of action for: 1) Breach of Contract; 2) Breach of Fiduciary Duty; 3) Fraud; 4) Shareholder Derivative-Breach of Fiduciary Duty 6) Shareholder Derivative-Gross Mismanagement; and 7) Shareholder Derivative – Abuse of Control On October 12, 2022, Defendant Vlad Gold moved for a Protective Oder. Plaintiff Global Interactive Enterprises, I...

Excerpt: ...o 20. The Second Amended Complaint (SAC) alleges causes of action for: 1) Breach of Contract 2) Fraud and Deceit: Inducement 3) Fraud and Deceit: Concealment 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Unfair Competition Law (UCL) On November 03, 2022, Defendant Calculated Risk Analytics, LLC (“CRA”) filed a demurrer to the Plaintiffs' SAC. The Plaintiffs filed opposing papers on December 02, 2022. CRA filed a reply on ...