Excerpt: ...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 Wyngate Nursing Center filed an Amended Cross Complaint against Plaintiff on August 09, 2021. On November 4, 2021, Defendant Wyngate's demurrer to Plaintiff's Complaint was SUSTAINED with leave to amend as to the first, second, third, and sixth causes of act...

Excerpt: ...ies for Defendant's alleged violations of the Labor and Government Code. On May 14, 2021, Plaintiffs and Defendant filed a Stipulation agreeing Plaintiffs' individual (non-PAGA) causes of action will be submitted to arbitration pursuant to an existing arbitration agreement between Plaintiffs and Defendant. Plaintiffs and Defendant further agreed that Plaintiff's PAGA causes of action, including Plaintiffs' individual PAGA claims, will not be subm...

Excerpt: ... Civil Code section 1793.2; 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, Subd. (a); § 1794); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and 6. Fraud by Omission. On March 15, 2022 Plaintiffs filed a Notice of Settlement. Plaintiffs now move the Court for attorneys' fees. Legal Standard A prevailing buyer in an acti...

Excerpt: ... Retaliation in Violation of the FEHA 4. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA 5. Whistleblower Retaliation (Labor Code § 1102.5) On March 12, 2022, Defendant Los Angeles Community College District (“District” or “Defendant”) filed a Demurrer with Motion to Strike Plaintiff's SAC. Plaintiff filed opposition papers on July 14, 2022. Defendant filed a Reply on July 20, 2022. Defendant Barry ...

Excerpt: ... 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 On October 13, 2021, this Court granted Defendants' request for summary adjudication as to the Plaintiff's sixth cause of action for fraudulent inducement and claim for punitive dam...

Excerpt: ...iled Opposition Papers. Defendant filed a reply on July 19, 2022. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿ (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, sub...

Excerpt: ...laims against Defendant County of Los Angeles (“County”) and allege assault, battery, and other claims against Individual Defendants Rafael “Rene” Munoz (“Munoz”), Gregory Rodriguez (“Rodriguez”), David Silverio (“Silverio”), and Michael Hernandez (“M.Hernandez”) (collectively “Individual Defendants”). On September 18, 2019 Plaintiffs filed a Complaint. The operative pleading is the Sixth Amended Complaint (“SAC”)....

Excerpt: ..., 2017, Plaintiffs Aimee Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, Isabelle Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, and Dora Moran de Vasquez (“Plaintiffs”) filed the instant action against Defendants Annette Green (“Green”), the City of Los Angeles (“City”), the County of Los Angeles (“County”), LAUSD, and Does 1 to 50. On September 4, 2018, the City filed a Cross-Co...

Excerpt: ...and California Family Rights Act, among other things. On August 24, 2021, Plaintiff filed the instant Motion to Compel Defendant's Further Responses to Form Interrogatories – General (Set One), Form Interrogatories – Employment Law (Set One), and Special Interrogatories (Set One). On May 12, 2022 and July 13, 2022 Defendant served further responses to the discovery at issue, except to Special Interrogatories Nos. 1, 3, 23-26, 46, 48, 74-77, a...

Excerpt: ...ch of Implied Warranty – Violation of the Song-Beverly Act On January 13, 2022, Plaintiff filed a Joint Notice of Settlement of Entire Case. On May 3, 2022, Defendant Mercedes-Benz USA, LLC filed a Motion to Tax Costs. On June 15, 2022, Plaintiff Sam Navid filed an opposition to Defendant's Motion to Tax Costs. On June 21, 2022, Defendant filed a reply to Plaintiff's opposition. On June 28, 2022, after hearing oral argument, the Court continued...

Excerpt: ...lleges the same causes of action as the Complaint. Defendant now demurs to the sixth cause of action and moves to strike Plaintiffs' claim for punitive damages. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006)...

Excerpt: ...anty Act by failing to repair the aforementioned defects, and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiff initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song- Beverly Consumer Warranty Act—Breach of Express Warranty; (2) Violation of Song-Beverly Consumer Warranty Act—Breach of Implied Warranty...

Excerpt: ...Defendants.¿ Plaintiff's SAC alleges the following causes of action:¿ ¿ 1. Breach of Express Written Contract;¿ 2. Breach of Implied Contract;¿ 3. Breach of the Covenant of Good Faith and Fair Dealing;¿ 4. Wrongful Termination in Violation of Public Policy;¿ 5. Discrimination;¿ 6. Retaliation;¿ 7. Harassment;¿ 8. Violation of Cal. Labor Code §1101;¿ 9. Violation of Cal. Labor Code §1102;¿ 10. Violation of Cal. Labor Code §1102.5;¿...

Excerpt: ...eges, in relevant part, that Defendant failed to pay Plaintiff the appropriate wages, not allowed to take rest breaks and uninterrupted meal periods. (Compl., ¶¶ 18-26.) In addition, Defendant discriminated against Plaintiff for his disability/medical condition following injuries sustained in a motor vehicle accident, and failed to accommodate Plaintiff for his disability/medical condition. (Compl., ¶¶ 27-34, 41-42.) Ultimately, Defendant wro...

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

Excerpt: ... 4. FEHA Harassment: Work Environment Harassment; 5. FEHA Retaliation; 6. FEHA Failure to Prevent Harassment, Discrimination, or Retaliation; and 7. Wrongful Discharge in Violation of Public Policy. On June 1, 2022, Defendant PT OPCO, LLC dba Pink Taco (hereinafter, “Defendant”) filed the instant motion to compel arbitration. Plaintiff opposes. Legal Standard on Motion to Compel Arbitration California law incorporates many of the basic policy...

Excerpt: ...s Daniel Karayan (“Karayan”), Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). The Complaint alleges, inter alia, Plaintiff hired Karayan and his consulting business KCG as independent contractors, and Karayan was to perform 189 hours of work at a rate of $120/hour, totaling $22,680. Nevertheless, Plaintiff paid Karayan $57,162 based on invoices submitted through February 16, 2020, which was beyond the agree...

Excerpt: ...3. Unfair Business Practices (against State Farm and Does 1-10); and 4. Intentional Infliction of Emotional Distress (IIED) (against State Farm and Does 1-10). On January 18, 2022, Defendant Rex Heyer filed a Demurrer with Motion to Strike. On July 05, 2022, Plaintiff filed opposition papers. Defendant Heyer filed a Reply on July 11, 2022. On January 21, 2022, State Farm also filed a Demurrer with a Motion to Strike. Legal Standard on Demurrer A ...

Excerpt: ...l Termination in Violation of Public Policy; (3) Failure to Pay Wages (Cal. Labor Code §§ 201, 1194); (4) Failure to Pay Sick Days (Cal. Labor Code §§ 233, 246, 246.5); (5) Failure to Pay Minimum Wages (Cal. Labor Code §§ 1182.12, 1194, 1194.2, 1197); (6) Failure to Pay Overtime Compensation (Cal. Labor Code §§ 226.7, 512); (7) Failure to Provide Meal and Rest Periods (Cal. Labor Code §§ 226.7, 512); (8) Failure to Provide Itemized Wage...

Excerpt: ...ontract; 2. Breach of Oral Contract; and 3. Breach of the Implied Covenant of Good Faith and Fair Dealing. On May 10, 2022, Defendants demurred to the first, second, and third causes of action based on a failure to allege facts sufficient to constitute a cause of action. Specifically, Defendants argue there is no binding written or oral contract between the parties. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint...

Excerpt: ...anted Trojan's motion for judgment on the pleadings without leave to amend. The Complaint was dismissed with prejudice. On October 6, 2020, PS Funding (hereinafter 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 ...

Excerpt: ...scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Gralitzer drank alcohol and became severely intoxicated. Thereafter, Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four year-old pedestrian, Noah Benardout (“Decedent”), and fur...

Excerpt: ...mpetition Law). On November 02, 2021, Plaintiffs filed a Second Amended Complaint (SAC) asserting: 1. Defamation: Libel Per Se (against Defendant Hinojosa) 2. Defamation: Slander (against Defendant Hinojosa) 3. Violation of Business and Professional Code: Unfair Competition Law (Plaintiff Robles against Defendant Hinojosa) 4. Negligence (Defendant PAAC) 5. Breach of Fiduciary Duty (Defendant PAAC and CCOPA) On December 02, 2021, Defendant PAAC fi...

Excerpt: ...ch of Express Written Contract; 2. Breach of Implied Contract; 3. Breach of Covenant of Good Faith and Fair Dealing; 4. Wrongful Termination in Violation of Public Policy; 5. Discrimination; 6. Retaliation; 7. Harassment; 8. Violation of Cal. Labor Code §1101; 9. Violation of Cal. Labor Code §1102; 10. Violation of Cal. Labor Code §1102.5; 11. Violation of Cal. Labor Code §1198.5; 12. Fraudulent Inducement; 13. Intentional Infliction of Emoti...

Excerpt: .... Declaratory Relief 7. Constructive Trust On January 24, 2022, Defendants filed a demurrer without a motion to strike to Plaintiff's Complaint. On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Christian Church. On May 16, 2022, the Court granted Plaintiff's motion to consolidate cases 21STCV35730 and 22CMUD00149, with this case (21STCV35730) as the lead case. On June 22, 2022,...

Excerpt: ..., battery, and other claims against the individual Defendants. On August 17, 2020, the Court (Hon. Randolph Hammock) issued a protective order to protection confidential information, following the in-camera review and ordered production of certain records. Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus (collectively “Plaintiffs”) now move to compel p...

Excerpt: ...rises out of a joint venture agreement between Plaintiff and Defendant. Defendant failed to answer the Complaint. On August 13, 2021, default was entered by the Clerk of Court. On November 19, 2021, Plaintiff filed a Notice of Entry of Default Judgment. On February 14, 2022, Defendant Golden State Residential Property Investments, LLC filed a Motion To Vacate Default Judgment. On April 6, 2022, on the Court's own motion, the Hearing on Motion to ...

Excerpt: ...ersonal belongings in exchange for Plaintiff's payment of a monthly storage fee. Plaintiff paid the required monthly storage fee until the beginning of the COVID-19 Pandemic (“Pandemic”). Plaintiff requested Defendant defer the monthly rental payment until the end of the Pandemic as Plaintiff was experiencing financial difficulty, to which Defendant agreed. However, on November 11, 2020, Defendant seemingly withdrew such an oral agreement and...

Excerpt: ... alleges the existence of a joint venture between the parties whereby Plaintiff would locate properties for Defendants to acquire and improve and broker the sale to Defendants commission- free, and, in exchange, Plaintiff would have the right to broker the sale of the improved property. Plaintiff's benefit of the arrangement was the commission earned in the resale of the improved property, as well as the prospective profit from meeting potential ...

Excerpt: ...seq. The cause of action alleges the following violations: a. Failure to provide meal periods in violation of Labor Code sections 226.7, 512(a), and 1198; b. Failure to provide rest periods in violation of Labor Code section 226.7 and 1198; c. Failure to pay minimum wages in violation of Labor Code sections 1182.12, 1194, 1197, 1197.1, and 1198; d. Failure to pay overtime in violation of Labor Code sections 510 and 1198; e. Failure to provide and...

Excerpt: ...; (7) Breach of Contract; (8) Breach of the Covenant of Quiet Enjoyment; (9) Breach of Covenant of Good Faith and Fair Dealing; (10) Fraud/Deceit/Intentional Misrepresentation of Fact; (11) Negligent Misrepresentation; and (12) Violation of Civil Code § 1950. The Complaint alleges, inter alia, that on March 9, 2019, the Plaintiff rented an apartment unit from PAC located at 12142 Burbank Blvd., Valley Village CA 91607. Soon after moving in, Plai...

Excerpt: ...isease. (Compl., ¶ 15.) Plaintiff alleges these medical conditions limited his daily life activities, and necessitated frequent medical visits and time off during work hours throughout his employment with Defendants. (Ibid.) Plaintiff alleges he was targeted by Defendants due to his medical disability and age, and ultimately wrongfully terminated. (Id. ¶¶ 15-17, 29-30.) Plaintiff's Complaint alleges the following causes of action against Defen...

Excerpt: ...nty Act by failing to repair the aforementioned defects, and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiff initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song- Beverly Consumer Warranty Act—Breach of Express Warranty; (2) Violation of Song-Beverly Consumer Warranty Act—Breach of Implied Warranty;...

Excerpt: ...s residence at 5635 South Verdun Avenue, Los Angeles, CA 90043-2123 (the "Property"). Plaintiff demurs to the breach of contract cause of action in the Third Amended Cross-Complaint (the “TACC”). Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los ...

Excerpt: ... Monetary Damages); (5) Restitution (Unjust Enrichment Relief); (6) Conversion; (7) Intentional Infliction of Emotional Distress; (8) Fraud and Deceit with Constructive Trust; (9) Declaratory Relief; (10) Breach of Implied in Fact Contract; (11) Negligent Infliction of Emotional Distress; and (12) Common Counts (Money Had and Received). On January 18, 2022, Katz filed his answer to the Complaint. On March 10, 2022, Plaintiff filed the instant mot...

Excerpt: ...racy to Defraud; and (5) Alter Ego. On May 10, 2022, the Court dismissed the instant action based on Plaintiff's failure to prosecute and failure to serve the complaint upon the Defendants within three years after the action was commenced. Plaintiff now seeks to set aside the dismissal pursuant to Code of Civil Procedure §473, subdivision (b). Legal Standard Code of Civil Procedure § 473, subdivision (b) provides a means for relief from default...

Excerpt: ...; (2) Violation of the Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act § 1793.2 The Complaint alleges, inter alia, that, on March 7, 2015, Plaintiff purchased a used 2013 Jaguar XF, and certain express warranties accompanied the sale. The subject vehicle contained various defects and nonconformities to the warranty relating to the engine, electrical components, suspension, and exterior. JLRNA now moves ...

Excerpt: ... June 8, 2022, Defendants Rick Blesofsky (“Blesofsky”) and S.E.A. Forever LLC (“SEA”) (collectively “Defendants”) filed the instant motion requesting the court to: (1) quash notices of deposition of the Blesofsky, SEA, and the Shmuel Chanin and Lieba Chanin defendants; and (2) enter a protective order prohibiting Plaintiffs from taking these depositions. Plaintiffs did not request monetary sanctions. On June 16, 2022, Plaintiffs filed...

Excerpt: ...ure to Investigate and Prevent Harassment Discrimination and Retaliation. 5) Retaliation 6) Wrongful Termination in Violation of Public Policy 7) Intentional Infliction of Emotional Distress (IIED) 8) Defamation On March 31, 2022, Defendants filed this motion to compel arbitration and stay proceedings. Plaintiff filed opposition papers on May 20, 2022. Reply papers were filed on May 6, 2022 Legal Standard Parties may be compelled to arbitrate a d...

Excerpt: ...c., Alice Chow, Ting Sung, and Ting Sung Insurance Agency. The complaint alleges the following causes of action, with some of the causes of action pleaded in separate counts against various Defendants: Breach of Contract Negligence Negligent Failure to Obtain Insurance Coverage Breach of the Implied Covenant of Good Faith and Fair Dealing Breach of Fiduciary Duty Professional Malpractice Negligent Misrepresentation Violation of California's Unfai...

Excerpt: ...t (4) Breach of Implied Warranty – Violation of the Song-Beverly Act On January 13, 2022, Plaintiff filed a Joint Notice of Settlement of Entire Case. Legal Standard Code of Civil Procedure section 1033.5(a) sets forth the items allowable as costs while Code of Civil Procedure section 1033.5(b) details the items that are not allowable as costs. “Costs are allowable if incurred, whether or not paid.” (Code Civ. Proc., § 1033.5(c)(1).) Allow...

Excerpt: ...d shoulder while he was performing his employment duties. Thereafter, Plaintiff alleges that he underwent surgery to his nose and shoulder, and was placed on various work restrictions by his physician. Plaintiff alleges his employers discriminated and retaliated against him on the basis of his disability, ultimately firing Plaintiff. Plaintiff alleges his employers failed to accommodate Plaintiff's work restrictions, and failed to engage in a goo...

Excerpt: .... The subject vehicle was rented by Decedent Daniels from Avis Budget Rent-A-Car. Ultimately, the subject vehicle's steering system suffered a defect, causing the subject vehicle's steering wheel to lock in place. As a result of the defect, Decedent Daniels—who was driving the subject vehicle—was unable to properly control the vehicle, resulting in a crash. Decedent Daniels and Decedent Harrison died as a result of the accident, and Plaintiff...

Excerpt: ...'t Code §§ 12940 et seq.; (4) Failure to Provide Reasonable Accommodation in Violation of Gov't Code §§ 12940 et seq.; (5) Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code §§ 12940 et seq.; (6) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Gov't Code § 12940(k); and (7) Declaratory Judgment. On January 27, 2022, Defendant served a subpoena on Kaiser, where Plaintiff was emplo...

Excerpt: ..., LLC filed a Cross-Complaint against Caiozzo. Following the Court's determination sustaining the demurrer to the Cross-Complaint, Beachwood Drive, LLC filed the Amended Cross-Complaint (“AXC”) on January 10, 2022, asserting causes of action for: (1) Breach of Fiduciary Duty, (2) Conversion, and (3) Fraud. Caiozzo demurs to each cause of action raised in the AXC on the grounds that the claims are barred by the litigation privilege, each claim...

Excerpt: ... The subject vehicle was rented by Decedent Daniels from Avis Budget Rent-A-Car. Ultimately, the subject vehicle's steering system suffered a defect, causing the subject vehicle's steering wheel to lock in place. As a result of the defect, Decedent Daniels—who was driving the subject vehicle—was unable to properly control the vehicle, resulting in a crash. Decedent Daniels and Decedent Harrison died as a result of the accident, and Plaintiff ...

Excerpt: ..., (7) unjust enrichment, (8) unfair business practices, and (9) punitive damages against Defendant Ehab Atalla (“Defendant”). This matter arises from Defendant causing Plaintiff to sign four “promise to sale agreements” (the “Agreements”) whereby Defendant promised to pay Plaintiff $6.8 million to purchase properties from Plaintiff, but Defendant failed to pay that money. Defendant now moves the Court to dismiss or abate this matter d...

Excerpt: ...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. The Complaint alleges, inter alia, that Plaintiff was employed by Defendant Mather Bros. Inc. (hereinafter,...

Excerpt: ...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. The Complaint alleges, inter alia, that Plaintiff was employed by Defendant Mather Bros. Inc. (hereinafter,...

Excerpt: ...ligence against all Defendants; 2. Intentional Sexual Battery against Blanchard; 3. Negligence against District; and 4. Negligent Hiring, Training, Supervision, and Retention against District. The FAC alleges, inter alia, that Plaintiff was sexually assaulted by Blanchard, his teacher who was employed by the District. On August 25, 2021, District moved for summary judgment on the FAC. On May 11, 2022, Plaintiff filed an opposition. On May 19, 202...