Excerpt: ...iods; 5. Failure to Provide Rest Periods; 6. Failure to Provide Accurate Wage Statements; 7. Waiting Time Penalties; and 8. Wrongful Termination. Thereafter, Defendant Calop Business Systems, Inc. (“Calop”) answered the Complaint and filed its Cross-Complaint against Cross-Defendants Castaneto and Roes 1 to 10. The operative First Amended Cross-Complaint (“FACC”) was filed on May 24, 2021 after the Court granted Plaintiff's motion to stri...

Excerpt: ... causes 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: ... 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1 through 100); 4. Ac...

Excerpt: ...lfe (hereinafter “Defendant”) now moves to strike Plaintiffs' request for punitive damages in their Complaint. Legal Standard for Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with th...

Excerpt: ... Harassment; 5. Race Discrimination; 6. Race Harassment; 7. Failure to Prevent Discrimination and Harassment; 8. Retaliation; 9. Wrongful Termination; 10. Negligent Hiring and Supervision; 11. Intentional Infliction of Emotional Distress; and 12. Failure to Pay Wages. On November 5, 2020, the Court granted Defendants Collabera and Misitano's motion to compel arbitration. Pursuant to this Order, the parties initiated the arbitration process throug...

Excerpt: ...of action of: 1. Quiet Title. On November 7, 2019, Defendant Edith Navarrete filed her answer to the Complaint as well as a Cross-Complaint against Plaintiff and Fernando Navarrete, Sr. The Cross-Complaint alleges causes of action for: 1. Cancellation of Grand Deeds; 2. Demand for Rent; 3. Demand for Payment of Loans; 4. Financial Elder Abuse; and 5. Emotional Elder Abuse. Plaintiff/Cross-Defendant Fernando Navarrete Jr. and Cross-Defendant Ferna...

Excerpt: ... competition, (6) breach of fiduciary duty, (7) aiding and abetting breach of fiduciary duty, (8) violation of California Uniform Trade Secrets Act, and (9) misappropriation of confidential and/or proprietary information. On January 28, 2016, Plaintiff won a jury verdict against Defendants Ajinomoto North America, Inc. and Ajinomoto Frozen Foods, U.S.A, Inc. (“Defendants”). The jury found, among other things, that Defendants willfully and mal...

Excerpt: ...ly, “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 filed its answer as well as a Cross-Complaint against Plaintiffs, Wayn...

Excerpt: ...mplaint asserts causes of action for: (1) Elder Abuse; and (2) Negligent Hiring and Supervision. On June 29, 2021, Plaintiff filed the instant motion to compel Defendant ECG to produce its Person Most Knowledgeable (“PMK”) for deposition and to produce documents. Legal Standard “If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination,...

Excerpt: ...of action of: 1. Quiet Title. On November 7, 2019, Defendant Edith Navarrete filed her answer to the Complaint as well as a Cross-Complaint against Plaintiff and Fernando Navarrete, Sr. The Cross-Complaint alleges causes of action for: 1. Cancellation of Grand Deeds; 2. Demand for Rent; 3. Demand for Payment of Loans; 4. Financial Elder Abuse; and 5. Emotional Elder Abuse. Plaintiff/Cross-Defendant Fernando Navarrete Jr. and Cross-Defendant Ferna...

Excerpt: ...ough 100. On January 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1...

Excerpt: ... 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Involuntary Dissolution and Appointment of a Receiver (against LIG); 2. Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Soni and Does 1 through 100); 3.Aiding and Abetting Breach of Fiduciary Duty (derivatively on behalf of LIG against LD, Dilip, Kamila, Soni, Hinton, HKG, and Does 1 through 100); 4. Ac...

Excerpt: ...a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendant James C. Earle (“Defendant”) moves to compel Plaintiff Michael Scully's further responses to Defendant's Form Interrogatory (Set One) and Special Interrogatory (Set One). Legal Standard A motion to...

Excerpt: ...causes of action for: (1) Breach of Written Contract; (2) Breach of Oral Contract; (3) Fraud; (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) Conv...

Excerpt: ...n as to Defendant. On November 18, 2019, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Malicious Prosecution; (2) Setting Aside Fraudulent Transfer; (3) Conspiracy to Defraud; and (4) Declaratory Relief. On February 7, 2020, the Court sustained Defendant's demurrer to the second, third, and fourth causes of action without leave to amend, dismissing Defendant with prejudice. In part, the Court...

Excerpt: ...esentation; and (3) Violation of the Consumer Legal Remedies Act Civil Code § 1750, et seq. On February 19, 2021, Defendant Susan Han (“Defendant”) filed a cross-complaint against Plaintiff and Roes 1 through 20, alleging the sole cause of action for: (1) Breach of Oral Contract. On February 22, 2021, Defendant served Plaintiff's prior counsel with four sets of written discovery, including Requests for Admission, Set One; Form Interrogatorie...

Excerpt: ...e. On September 9, 2021, Plaintiff, pursuant to a stipulation between the parties, filed the operative Second Amended Complaint for (1) breach of fiduciary duties, (2) concealment, and (3) common count: money had and received. On August 23, 2021, defendant FoxPoint Media, LLC (hereafter “Defendant”) filed the instant Motion to Compel Production of Business Records from non-party Netflix. Netflix filed an opposition, and an objection to Defend...

Excerpt: ...e controversy between the parties as to the actual operative 2nd Amendment to the master lease. Plaintiff now moves for summary judgment. 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. ...

Excerpt: ...age disposal, electrical sockets, wall heater, and smoke and carbon monoxide detectors did not work. Defendant filed its Answer on March 26, 2021. Plaintiff filed the instant Motion to File First Amended Complaint on June 28, 2021. Defendant has not filed an opposition as of September 13, 2021. Legal Standard California Rules of Court, rule 3.1324 sets forth the requirements concerning amended pleadings. A motion to amend a pleading before trial ...

Excerpt: ...; (4) Failure to Reimburse Employee Expenses; (5) Failure to Provide Meal Breaks; (6) Failure to Provide Rest Breaks; (7) Failure to Provide Accurate and Itemized Wage Statements; (8) Unfair Business Practices; (9) Retaliation in Violation of Labor Code § 1102.5; and (10) Retaliation in Violation of Labor Code § 98.6. Defendant Barlow Respiratory Hospital (hereinafter, “Defendant”) moves for an order compelling PIH Health Downey Hospital to...

Excerpt: ...a written lease agreement. On July 16, 2021, Plaintiff filed the instant action's complaint (“Complaint”) asserting a cause of action for unlawful detainer. Plaintiff alleges that Defendants failed to vacate the Subject Premises after Plaintiff served Defendants with a 15-Day Notice to Pay or Quit the Subject Premises on June 22, 2021. Subsequently, on July 27, 2021, Defendants filed the pending Demurrer To Complaint (without a Motion to Stri...

Excerpt: ...on in Violation of FEHA (Government Code § 12940); 4. Wrongful Termination in Violation of Public Policy; 5. Failure to Prevent Harassment, Discrimination, & Retaliation in Violation of FEHA; and 6. Breach of Good Faith and Fair Dealing. Defendant ABC Plastic Fabrication, Inc. (hereinafter “Defendant”) now moves to compel arbitration pursuant to a written agreement. Legal Standard on Motion to Compel Arbitration California law incorporates m...

Excerpt: ...ure to Provide Rest Periods; 6. Failure to Provide Accurate Wage Statements; 7. Waiting Time Penalties; and 8. Wrongful Termination. Thereafter, Defendant Calop Business Systems, Inc. (“Calop”) answered the Complaint and filed its Cross-Complaint against Cross-Defendants Castaneto and Roes 1 to 10. The operative First Amended Cross-Complaint (“FACC”) was filed on May 24, 2021, after the Court granted Plaintiff's motion to strike. The FACC...

Excerpt: ...bility – Civil Code § 1794; (3) Fraud & Deceit; (4) Negligent Misrepresentation; (5) Violation of the Unfair Competition Law, Business & Professions Code § 17200, et seq.; and (6) Violation of Vehicle Code § 11711. On August 24, 2020, the name of Defendant GGM Automotive, LLC dba Ferrari Westlake was corrected to Chi Pega, LLC dba Ferrari Westlake (“Ferrari Westlake”). On August 31, 2021, the Court granted Ferrari Westlake's motion to co...

Excerpt: ...ca (“Defendant”). This matter arises from Defendant's failure to repair or service defects in a vehicle (the “Vehicle”) that was manufactured by Defendant. Defendant moves the Court to compel arbitration. Legal Standard Under California law, public policy favors arbitration as an efficient and less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8-9; AT&T Mobility LLC v. Concepcion (2011) 563...

Excerpt: ...October 15, 2019, Clark filed a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendants moves to compel Plaintiff Julie Scully's (“Plaintiff”) further responses to Request for Production of Documents (Set One). Legal Standard A motion to compel further p...

Excerpt: ...assment in Violation of Government Code §§ 12940 et seq; 6. Retaliation in Violation of Government Code §§ 12940 et seq; 7. Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Government Code § 12940(k); 8. Failure to Provide Reasonable Accommodations in Violation of Government Code §§ 12940, et seq.; 9. Failure to Engage in a Good Faith Interactive Process in in Violation of Government Code §§ 12940 et seq; 10...

Excerpt: ...the instant suit 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 ...

Excerpt: ...lation 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 FEHA; (5) Failure to Engage in the Interactive Process in Violation of FEHA; (6) Failure to Provide a Reasonable Accommodation in Violation of the FEHA; (7) Discrimination and Retaliation for Accommodation Request in Violation of the FEHA; ...

Excerpt: ...iscrimination; and (3) False Imprisonment. Defendants demur to all three causes of action and move to strike Plaintiff's requests for punitive damages. Plaintiff does not oppose the demurrer or motion to strike. The Court notes that the demurrer and motion to strike were properly served on Plaintiff. 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 consi...

Excerpt: ... 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. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanis...

Excerpt: ... of action for: 1. Negligence; 2. Strict Liability – Warning Defect; 3. Strict Liability – Design Defect; 4. Fraudulent Concealment; and 5. Breach of Implied Warranties. Defendant WMBC now move to continue trial in this action to July 11, 2022 or to a date thereafter that is convenient to the Court on the basis that good cause exists. Legal Standard Pursuant to California Rules of Court, Rule 3.1332, “To ensure prompt dissolution of civil c...

Excerpt: ...Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty; (5) Breach of the Implied Warranty of Merchantability; and (6) Fraud by Omission. On August 10, 2021, KMA filed the instant motion to compel Plaintiffs to comply with an inspection of their vehicle. Legal Standard California Code of Civil Procedure section 2031.010 allows a party to inspect land or other property in the possession, custod...

Excerpt: ...were the prevailing parties. During the litigation of this matter the parties conducted significant discovery, which included taking Plaintiffs deposition, motions to compel, vehicle inspection, percipient witness depositions, and two expert depositions. (Olivia Decl., ¶¶ 59- 92.) In addition, the parties prepared for trial and Plaintiffs filed their proposed trial documents, Defendant served four motions in limine, Plaintiffs served their oppo...

Excerpt: ...anuary 5, 2021, Plaintiff obtained entry of default as to Karen A. Chiu. On March 9, 2021, Plaintiff filed a Request for Default Judgment as against Karen A. Chiu. On May 5, 2021, the Court continued the Order to Show Cause Re: Default Judgment for Plaintiff to remedy certain defects with her Request for Default Judgment. These defects included dismissing Stella Meng and Does 1 to 100 from the Complaint, and providing a summary of the case as req...

Excerpt: ...sability and medical condition; (2) Employment discrimination on the basis of age; (3) Failure to reasonably accommodate disability; (4) Failure to engage in a good faith interactive process; (5) Violation of CFRA and retaliation for existing rights under CFRA; (6) Failure to prevent retaliation in violation of FEHA/CFRA; (7) Harassment; (8) Failure to prevent harassment, discrimination, and retaliation; (9) Retaliation for exercising rights unde...

Excerpt: ...laintiff filed the instant motions to compel Defendant PCC to produce Lanvy Tran for deposition and to produce documents. Legal Standard “If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the depositio...

Excerpt: ...of action alleges the following violations: (1) Failure to pay minimum and straight time wages (Lab. Code, §§ 204, 1194, 1994.2, 1197); (2) Failure to pay overtime compensation (Lab. Code, §§ 1194, 1198); (3) Failure to provide meal periods (Lab. Code, §§ 226.7, 512); (4) Failure to authorize and permit rest breaks (Lab. Code, §§ 226.7); (5) Failure to indemnify necessary business expenses (Lab. Code, §§ 2802); (6) Failure to timely pay...

Excerpt: ...end as to the fourth cause of action. The demurrer is sustained with leave to amend as to the fifth cause of action. The court rules on the motion to strike as follows:  Treble damages: The motion is granted.  Pain and suffering damages: The motion is denied.  Exemplary damages under Civil Code 3340: The motion is denied.  Punitive damages: The motion is moot. BACKGROUND On June 11, 2021, Plaintiff Asper De Tyson Foundation and Sanctu...

Excerpt: ...ure whereby Plaintiffs would provide financial backing for a cannabis business that Defendant Ashby would establish and run. Defendant Ashby also allegedly induced Plaintiffs into said business venture in exchange for renumeration and some equity in the venture. On June 18, 2021, Defendant Ashby filed the pending Motion For Leave To File First Amended Answer. To date, Plaintiff has not filed any opposition papers to the pending motion. Legal Stan...

Excerpt: ...e parties to the instant action executed a settlement agreement (the “Settlement Agreement”). (See generally Declaration of Stephen Parnell ISO of Plaintiff's Motion, Exh. 1 (for the Settlement Agreement).) Now, Plaintiff moves the Court for an award of attorneys' fees and costs in the amount of $24,685.65, pursuant to California Civil Code (“Civ. Code”), section 1794(d). The parties have timely filed their opposition and reply papers in ...

Excerpt: ...cs, Inc. On December 2, 2020, the Court found that cases BC623039 and 20STCV21574 are related within the meaning of California Rules of Court, rule 3.300(a). Default was entered against Royal Distributing & Logistics, Inc. on March 1, 2021. Best Way Distribution and DOES 2 through 20 were dismissed without prejudice on March 12, 2021. The Court found on April 6, 2021, that the only remaining defendant has been defaulted. Plaintiff filed the insta...

Excerpt: ... C. Earle (“James”) (collectively “Defendants”). On October 15, 2019, Clark filed a Cross-Complaint against Plaintiffs alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The parties participated in two IDCs on October 19, 2020, and March 17, 2021. Defendants moves to compel Julie's further responses to James' Form Interrogatories (Set One) and Special Interrogatories...

Excerpt: ...(“Defendant”). This matter arises from Defendant's failure to repair or service defects in a vehicle (the “Vehicle”) that Plaintiff purchased from Defendant. Defendant moves the Court to compel arbitration. Legal Standard Under California law, public policy favors arbitration as an efficient and less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8-9; AT&T Mobility LLC v. Concepcion (2011) 5...

Excerpt: ... I, LLC (“LPM”), Hobart Portfolio, LLC (“HP”), and David Pourbaba (“David”) (collectively “Defendants”). The Complaint alleges in pertinent part as follows. Sometime between February 27, 2018 and March 4, 2018, there was a gas leak in the water heater/boiling, venting, and other related devices, systems and structures (the “Systems”) at the real property located at 920 South Hobart Boulevard, Los Angeles (the “Property”). ...

Excerpt: ...Plaintiff's residence at 5635 South Verdun Avenue, Los Angeles, CA 90043-2123 (County Assessor's Parcel # 5008-009-003) (the "Verdun Property"). On January 31, 2020, Plaintiff filed this action's complaint (“Complaint”) against Defendant. The Complaint asserts causes of action for: 1. Breach of Contract; 2. Violation of California Business & Professions Code § 7159; 3. Violation of California Business & Professions Code § 7163; 4. Breach of...

Excerpt: ...uted Defendant Viacom Inc. On August 13, 2020, Plaintiffs filed amendments to the Complaint to substitute Does 1 and 2 for Central Productions, LLC and Comedy Partners, respectively. The Complaint asserts causes of action for: (1) Negligence/Negligence Per Se; and (2) Survival. On June 8, 2021, Plaintiffs initially filed the instant motions to compel further discovery responses from Defendants Central Productions, LLC (“Central Productions”) ...

Excerpt: ...nst Defendants. Of the eleven (11) causes of action, two causes of action are asserted by Plaintiff Elizabeth Taylor, and the nine (9) remaining causes of action are asserted by Plaintiff Chasity Jones. Plaintiff Elizabeth Taylor asserts the following causes of action against Defendants: (1) Discrimination Based Upon Disability in Violation of FEHA, and (2) Failure to Accommodate Disability in Violation of FEHA. Plaintiff Chasity Jones asserts th...

Excerpt: ...uck. Plaintiff has unsuccessfully attempted to enter default as to the named defendant several times. On June 17, 2021, Plaintiff informed the Court that the defendant had been served. Rachel Provisor, Executor of the Estate of Wayne E. Provisor (“Intervenor”) filed the instant Motion to Intervene on July 20, 2021. Plaintiff has not filed an opposition. Legal Standard A nonparty may petition the court for leave to intervene by either noticed ...

Excerpt: ...s defendants are OPHC, LLC d/b/a Oakpark Healthcare Center; Citrus Administrative Services, Inc.; Soopian Ebrahim; Alvart Melkonian; and Aida Melkonian. Plaintiffs previously filed Motions to Compel Depositions of Sumyat McGrath, LVN, and Madonna Serah, RN, both granted by the Court on July 1, 2020. Now before the Court is Plaintiffs' Motion to Compel Deposition of Alma Santiago, RN, and Request for Sanctions, filed on June 1, 2021. Plaintiffs re...

Excerpt: ...ging causes of 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. ...

Excerpt: ...mended Complaint (“FAC”) against Defendant, asserting causes of action for: 1. Violation of the Song-Beverly Act - Breach of Express Warranty 2. Violation of the Song-Beverly Act - Breach of Implied Warranty 3. Violation of the Song-Beverly Act - Section 1793.2 4. Fraudulent Inducement - Concealment 5. Fraudulent Inducement - Intentional Misrepresentation On March 1, 2021, this Court heard and granted Defendant's Motion for Summary Adjudicati...

Excerpt: ...ts. Plaintiff alleges that defendants compelled, coerced, aided and/or abetted discrimination, retaliation, and harassment against Plaintiff. (Compl., ¶ 9.) On February 2, 2021, Plaintiff and defendants Randall Boll, Revlove LLC, Apokaradokia LLC, Apokaradokia Enterprises, LLC, and Apokaradokia Holdings, LLC filed a Notice of Partial Conditional Settlement. On March 17, 2021, the Court granted the above parties' Motion for Good Faith Settlement....

Excerpt: ...gedly 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, Defendant...

Excerpt: ...s to Defendant. On November 18, 2019, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Malicious Prosecution; (2) Setting Aside Fraudulent Transfer; (3) Conspiracy to Defraud; and (4) Declaratory Relief. On February 7, 2020, the Court sustained Defendant's demurrer to the second, third, and fourth causes of action without leave to amend, dismissing Defendant with prejudice. In part, the Court su...

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

Excerpt: ...rd. Petitioners filed a Motion for Order to Show Cause re: Contempt on April 15, 2021, which the Court denied on July 8, 2021. Petitioners filed the instant Motion to Amend Judgment (“Motion”)on July 16, 2021, pursuant to Code of Civil Procedure Section 187 and the Court's equitable powers. Specifically, Petitioners ask the Court to do the following: (1) Amend the Judgment issued in this action on December 8, 2021 (the “Judgment”) to incl...

Excerpt: ...on of California Business & Professions Code §§ 17200, et seq. Plaintiff moves for leave to amend her complaint in order to add additional facts. Defendant LAOI opposes. Legal Standard on Motion for Leave to Amend Under California Rules of Court Rule, rule 3.1324, subdivision (a), a motion to amend a pleading shall (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous...

Excerpt: ...rty at 2732 S. Central Avenue, Los Angeles, California, 90011 (the “Property”). (Compl., ¶ 6.) The parties are bound by a written lease agreement (“Lease”) to erect and maintain advertising structures on the Property. (Id.) Now before the Court is Defendant's demurrer to Plaintiff's Complaint, filed on January 4, 2021. Plaintiff opposes. Legal Standard Under Code of Civil Procedure section 430.40 subsection (a), a party against whom a co...

Excerpt: ...perty). On April 6, 2021, the action was dismissed with prejudice. Plaintiffs now move for an order to enforce the Settlement Agreement and Mutual Release and for attorney's fees. Legal Standard California Code of Civil Procedure section 664.6 provides: If the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the co...

Excerpt: ... Treatment; (6) Failure to Reasonably Accommodate; (7) Failure to Engage in an Interactive Process; (8) Retaliation in Violation of FEHA; (9) Failure to Prevent Discrimination and Retaliation; (10) Whistleblower Protection; (11) Wrongful Discharge in Violation of Public Policy; (12) Unfair Business Practices; and (13) Intentional Infliction of Emotional Distress. On May 14, 2020, the parties entered into a stipulation to continue the trial date. ...

Excerpt: ...) Race Discrimination, (2) Harassment on the Basis of Race, (3) Retaliation for Exercising Rights Under FEHA, (4) Failure to Prevent Harassment, Discrimination, & Retaliation, (5) Whistleblower Retaliation, (6) Failure to Pay Minimum Wages, (7) Failure to Pay Overtime Compensation, (8) Failure to Pay Meal Period Compensation, (9) Failure to Pay Rest Period Compensation, (10) Failure to Furnish Accurate Wage And Hour Statements, (11) Waiting Time ...

Excerpt: ... causes of action for: 1. Quiet Title (Prescriptive Easement); and 2. Declaratory Relief. Defendants A & B Property Investments and Alvarado Auto Sales, Inc. (hereinafter “Defendants”) demur to the entire FAC on the ground that the pleading does not state facts sufficient to constitute a cause of action. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App...

Excerpt: ...3) Fraud; (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 February 3, 2021, Plaintiffs served on Defendant Zion Vanounou (“Zion�...

Excerpt: ... Qitzchock Cunin aka Levi Cunin; City of Malibu; and Does 12 through 15. The TAC asserts causes of action for: i. Declaratory Relief; ii. Judicial Rescission; iii. Fraud and Deceit; iv. Quiet Title; v. Breach of Fiduciary Duty; vi. Conversion; vii. Intentional Interference with Prospective Economic Advantage; viii. Infliction of Emotional Distress; ix. Elder Abuse; x. Negligence; and xi. Accounting. Plaintiff was the previous owner of the real pr...

Excerpt: ... (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 portion ...

Excerpt: ...umann, and Netflix, Inc. This matter arises from disputes relating to the execution of a lease for a billboard. Plaintiff moves to modify Defendant Foxpoint Media, LLC's (“Defendant”) deposition subpoena for production of business records to John B. Marshall (“Marshall”) (the “Subpoena”). Legal Standard If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other...

Excerpt: ... violation of Song-Beverly Consumer Warranty Act for breach of implied warranty of merchantability, and (7) strict liability against Defendant Tesla, Inc. (“Defendant”). In 2018, Seo was considering purchasing the Tesla Model 3 (“Model 3”). (Compl., ¶ 32.) Seo visited the Tesla Sales Center in Burbank and was told that the Model 3 was the safest car on the road and was shown marketing materials discussing the safety of the Model 3. (Comp...

Excerpt: ... Retaliation, (4) Failure to Prevent Discrimination, Harassment, and Retaliation, (5) Declaratory Relief, (6) Wrongful Termination, (7) Negligent Supervision and Retention of Employees, (8) Failure to Pay Wages, (9) Failure to Provide Meal and Rest Periods, (10) Waiting Time Penalties, and (11) Unfair Competition. The present lawsuit arises out of Plaintiff's employment with Defendants. On January 28, 2021, the present action was stayed pending b...

Excerpt: ...e tax years 2004, 2005, 2006, and 2008. Legal Standard In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “...

Excerpt: ..., Omar Rivera, Carlos (Last Name Unknown), and Does 1 through 100. The Complaint asserts causes of action for: (1) Race/color/national/origin discrimination; (2) Sex/sexual orientation discrimination; (3) Religious discrimination in violation of FEHA; (4) Hostile work environment harassment in violation of FEHA; (5) Retaliation for opposing practices forbidden by FEHA; (6) Failure to do everything reasonably necessary to prevent discrimination, h...

Excerpt: ... 1. Breach of Contract; 2. Negligence; 3. Fraud; 4. Breach of Implied Covenant of Good Faith and Fair Dealing; 5. Violation of California Code of Code of Regulations § 3353; 6. Violation of California Business & Professions Code § 9884.9; 7. Violation of California Business & Professions Code § 9884.8 8. Violation of the Unfair Business Practices Act, Business & Professions Code §17200, et. Seq.; 9. Violation of Penal Code 496(a); and 10. Unj...

Excerpt: ... Ting Sung; Ting Sung Insurance Agency (“Ting Sung Insurance”); and Does 1 through 100. On January 19, 2021, Plaintiff filed the operative Second Amended Complaint after the Court sustained a prior demurrer. The SAC asserts 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. Negligenc...

Excerpt: ...igations Under the Song-Beverly Act. (See Defendant's Motion, Exh. 1 (Plaintiff's Complaint), ¶¶ 15-34.) Plaintiff seeks replacement or restitution, incidental damages, consequential damages, prejudgment interest, civil penalty, attorney's fees, costs, and for such other and further relief as the Court may deem just and proper. (Id.) Legal Standard A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a ...

Excerpt: ...dants. The FAC asserts causes of action for: 1. Breach of Partnership Agreement; 2. Involuntary Dissolution; 3. Breach of Fiduciary Duty; 4. Fraud/Deceit; 5. Misappropriation; 6. Conversion; 7. Accounting; 8. Unjust Enrichment; and 9. Fraudulent Transfer. On March 16, 2021, Zadourian filed a Cross-Complaint against Plaintiff. On March 26, 2021, Defendants filed a demurrer to all nine causes of action of the FAC. Plaintiff opposes. Legal Standard ...

Excerpt: ...ants and Doe defendants, some of whom Plaintiffs substituted in as named parties. The SAC asserts a single cause of action of negligence (wrongful death and personal injuries). Plaintiffs allege that Decedent Jose Guevara (“Decedent”) died after he fell from 924 N. Enterprise Avenue (“924 Property”) onto 930 N. Enterprise Avenue (“930 Property”). (collectively “Properties”) (SAC ¶ 18.) Plaintiffs allege that the masonry block ret...

Excerpt: ...5, 2021, sets forth claims for 1) failure to pay overtime compensation and liquidated damages; 2) failure to pay minimum wages and liquidated damages; 3) failure to pay reporting time wages and liquidate damages; 4) failure to provide meal periods; 5) failure to provide rest periods; 6) failure to provide itemized wage statements; 7) failure to reimburse business expenses; 8) violations of California Occupational Safety and Health Act; 9) convers...

Excerpt: ...ss Practices. Plaintiff is a citizen and resident of Canada. According to the FAC, Plaintiff alleges that Defendant failed to pay an $800,000.00 promissory note. Pursuant to the terms of the note, Plaintiff is also seeking recovery of attorney's fees. On December 27, 2019, Plaintiff served Defendant's counsel with the Request for Production of Documents, Set One (the “RPD”), by mail. (Declaration of Dana M. Dorsett (“Dorsett Decl.”), Exh....

Excerpt: ..., f/k/a General Sports Turf, LLC; Astroturf Construction Corporation; William Heard Smith a/k/a Heard Smith; and Jennifer Young. The Complaint asserts four causes of action against all Defendants: (1) Intentional interference with contractual relations; (2) Inducing breach of contract; (3) Intentional interreference with prospective economic advantage; and (4) Negligent interference with prospective economic advantage. On March 29, 2021, Plaintif...

Excerpt: ...anty 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 (“Defendant”). Plaintiffs have filed the instant motion for sanctions. Legal Standard “The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to de...

Excerpt: ..., Inc. (“Borrower”), Tom Sung Jun Kim (“Kim”), TSK Restaurant Group, Inc. (“TSK”), SMT Dining Group, Inc. (“SMT”), and Does 1 through 150 asserting 11 causes of action: (1) Breach of Contract [Business Loan Agreement, Promissory Note, and Commercial Security Agreement] – against Borrower, TSK, SMT, and Does 1 through 10; (2) Breach of Guaranty – against Kim and Does 1 through 20; (3) Breach of Guaranty – against TSK and Does...

Excerpt: ...ompany, LLC; Oatey Co.; DAP Products, Inc.; W.M. Barr & Company, Inc.; Western Pacific Distributing, LLC dba Westpac Materials; 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 C...

Excerpt: ...ine Mandel (“Mandel Decl.”) ¶¶ 4-7.) By May 12, 2021, Plaintiff had not received dates for the PMQ deposition, and she proceeded to file this motion. The motion is made pursuant to Code of Civil Procedure sections 2025.230 and 2025.450. Legal Standard Code of Civil Procedure section 2025.450 provides: “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 pers...

Excerpt: ...dment by Plaintiff, the viable causes of action were: (1) Breach of Written Contract (against Stralberg and M. Zeffren); (2) Breach of Written Contract (against Akopnik); (3) Breach of Written Contract (against D. Zeffren and M. Zeffren). After some discovery motion practice, the parties came to a stipulation for judgment, which was signed, filed, and granted on March 20, 2020. The stipulation provided for entry of judgment in the amount of $250,...

Excerpt: ...ance; 5. Negligence; 6. Intentional Infliction of Emotional Distress; 7. Violation of Civil Code § 1942.4; 8. Violation of Civil Code § 1942.5; 9. Violation for Unfair Business Practices; and 10. Tortious Breach of Warranty of Habitability. On January 21, 2021, Plaintiff dismissed Vargas from the Complaint, without prejudice. That same day, Plaintiff identified Elvira Vargas, as Trustee for the Vargas Family Living Trust, as Doe 1 (“Trustee�...

Excerpt: ...srepresentation). On November 8, 2018, Plaintiff filed a Notice of Settlement. On December 13, 2018, the Court held an Order to Show Cause Re: Dismissal (Settlement) hearing to inquire about the status of the settlement between the parties. After conferring with counsel, the Court dismissed Plaintiff's Complaint without prejudice. Plaintiff now seeks to set aside the dismissal entered by the Court on December 13, 2018, pursuant to Code of Civil P...

Excerpt: ...solution and Appointment of a Receiver; (2) Breach of Fiduciary Duty; (3) Aiding and Abetting Breach of Fiduciary Duty; (4) Accounting; (5) Enforcement of Books and Records Demand; and (6) Fraud/Concealment. On May 5, 2020, Plaintiff propounded a first set of discovery to Defendant that included 59 requests for production of documents (the “May Production Request”). (Defendant's Opposition, Declaration of Aaron M. May (“May Decl.”), ¶¶ ...

Excerpt: ...rimination (against the District); 3. Redress of Unlawful Discrimination Due to Association (against the District); 4. Redress of Unlawful Discrimination Due to Religion (against the District); 5. Redress of Unlawful Disability Discrimination (against the District); 6. Redress of Unlawful Retaliation (against the District); and 7. Redress of Failure to Prevent Unlawful Employment Practices (against the District). Defendants Brown and Brobst (here...

Excerpt: ...s 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 provide the framework for final leases. Defendants LA Harbor and City (hereinafter “Movants”) now move to strike portions of the Plaintiff's Complaint and to stay this action pending appeal in the Ninth Circuit Court of Appeals. Legal...

Excerpt: ...titioners now move for an order to show cause as to why Respondent and his agent, Lisa Slaughter (“Slaughter”), should not be held in contempt on this Court's judgment issued on December 8, 2021. Petitioners additionally seek the following relief: (1) That the Court issue an order or otherwise modify the Judgment, pursuant to Cal. Civ. Proc. Code § 187, to leave no doubt that McGarr and Stein are currently lawful members of the board of dire...

Excerpt: ...a)(2) and 17529.5(a)(1). On February 4, 2021, default was entered as to Defendant ProWeb Progressive Development. On February 17, 2021, the Court denied Plaintiffs' Motion for Leave to Serve Process upon Defendant Great Goal Development LTD, because Plaintiffs failed to show that Code of Civil Procedure section 413.30 was applicable as related to the corporate defendant. On May 17, 2021, Plaintiffs filed the instant Motion for Order to Serve the ...

Excerpt: ...nd intentional infliction of emotional distress. Plaintiff is a disabled person within the meaning of the Americans with Disabilites Act. (Compl., ¶ 7.) Plaintiff went to Jack in the Box and asked to use the restroom before purchasing her coffee, but the employees would not buzz her into the locked restroom. (Compl., ¶¶ 8, 10-11.) It took over 20 minutes to allow Plaintiff to use the restroom. (Id.) When she entered the restroom, the handicapp...

Excerpt: ... (6) Battery; and (7) Negligence. On March 5, 2020, Defendant William Le (hereinafter “Cross-Complainant”) filed the Cross- Complaint against Plaintiff Valentin Marinov (hereinafter “Plaintiff”) and Roes 1 through 10. On December 22, 2020, Cross-Complainant filed the operative Second Amended Cross-Complaint (“SAXC”). The SAXC asserts causes of action for: (1) Breach of Contract for the Sale of Goods (UCC Art. 2); (2) Breach of Contrac...

Excerpt: ...rejudice the first cause of action as to CyberSource. On November 18, 2019, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Malicious Prosecution; (2) Setting Aside Fraudulent Transfer; (3) Conspiracy to Defraud; and (4) Declaratory Relief. On February 7, 2020, the Court sustained Defendant's demurrer to the second, third, and fourth causes of action without leave to amend, dismissing Defendant...

Excerpt: ...�� 1126 E. 17 th Street, Long Beach, CA (“Property”). Plaintiff held an account with Great Western Savings Bank (“Great Western”) for the Property. On April 10, 2018, Plaintiff discovered that Defendant acquired Great Western. Either Great Western or Defendant falsely recorded Plaintiff's Property as abandoned and either sold or donated the Property. On November 19, 2020, Defendant filed a demurrer, and the parties fully briefed the matte...

Excerpt: ... against Geico Casualty Company; and insurance bad faith against State Farm. All parties stipulated that two issues would be submitted to binding arbitration: (1) whether the plaintiffs were legally entitled to recover damages from the owner and driver of the uninsured motor vehicle and (2) if so, the amount of damages. The policies were purchased in Colorado. The Court granted the stipulation on May 15, 2020. The case was stayed pending binding ...

Excerpt: ...(Complaint ¶ 11.) The Vehicle was allegedly manufactured by Defendant Kia Motors America, Inc. (“Defendant”) and delivered with a defective Theta II engine. (Id. ¶ 12.) On October 9, 2019, Plaintiffs filed their operative Complaint against Defendant and Does 1 through 10 asserting five causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Vio...

Excerpt: ... a Settlement Agreement and Promissory Note in which Defendants Namr 2617 and Namr 27 Yermo agreed to pay Plaintiff the sum of $3,500,000.00 in installments of $1,000 per week. (Compl., ¶ 6.) Defendant Chakrian agreed to guarantee the performance of co-Defendants. (Id.) Because no sum had been paid, Plaintiff filed the instant action. (Compl., ¶ 10.) A Minute Order dated December 2, 2020, indicates that Plaintiff's counsel informed the Court th...

Excerpt: ...ant did not file a reply. Legal Standard In general, the “prevailing party” is entitled as a matter of right to recover costs for suit in any action or proceeding. (CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606; Scott Co. Of Calif. v. Blount, Inc. (1999) 20 Cal.4th 1103, 1108.) “Prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither pl...

Excerpt: ...f Race [Gov. Code § 12940(j)]; (3) Retaliation for Exercising Rights Under FEHA [Gov. Code § 12940(h)]; (4) Failure to Prevent Harassment, Discrimination, & Retaliation [Gov. Code §12940(k)]; (5) Whistleblower Retaliation [Cal. Lab. Code § 1102.5]; (6) Failure to Pay Minimum Wages [Cal. Lab. Code § 1197]; (7) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 510, 1194, 1198; IWC Wage Order No. 4- 2001]; (8) Failure to Pay Meal Period...