Excerpt: ...��). On November 3, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants. Plaintiff's FAC 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. Violat...

Excerpt: ... II. Legal Standard Under Code Civ. Pro. (CCP) section 664.6: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until...

Excerpt: ...II. Legal Standard Under Code Civ. Pro. (CCP) section 664.6: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until ...

Excerpt: ...loughed all employees, including Plaintiff, due to the COVID-19 pandemic, and advised all employees to file for unemployment benefits and wait to be called back to work when the associated stay-at-home orders were lifted by the State of California. Plaintiff's son suffers from a congenital medical condition, known as esophageal atresia, which renders Plaintiff's son more vulnerable to respiratory infections, such as COVID- 19. When Plaintiff retu...

Excerpt: ...iled a Cross-Complaint against Cross-Defendant for legal malpractice on March 17, 2020, alleging breach of fiduciary duty and professional negligence. Private mediation between parties occurred on May 21, 2021, but was unsuccessful. On February 01, 2022, Cross-Complainant moved to disqualify Cross-Defendant's counsel and for a protective order to prevent Cross-Defendant from using documents that were allegedly wrongfully obtained and retained by ...

Excerpt: .... Fraud. Plaintiff alleges that, in 2019, French was looking for a business partner to expand her gold mining projects due to the fact that her properties had purportedly possessed substantial gold reserves. The two agreed that Plaintiff would be compensated with a finder's fee of 5% of the funds invested if Plaintiff found a suitable business partner for French and her business. Afterwards, Plaintiff contacted Felix and his company, Greencorp, t...

Excerpt: ...itzer, within the course and scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Defendant Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Defendant Gralitzer drank alcohol and became severely intoxicated. Thereafter, Defendant Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four ye...

Excerpt: ...t 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 a...

Excerpt: ...ation Award, on file with the Court, January 29, 2019.) On February 25, 2022, Defendant LSCD moved to add Quoc Ha, an individual (“Ha”), and the QK Ha Family Limited Partnership (“Partnership”) as judgment debtors to the January 19, 2019, judgment. On April 27, 2022, Defendant LSCD filed another motion to add Business Support and Accounting Services, Inc. (“BSAS”) as a judgement debtor to the same judgment. The latter motion is premis...

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

Excerpt: ...r employment with Defendant, they were each subject to sexual harassment by a manager, named “Aaron”, by way of unwanted physical touching and verbal sexual comments. Plaintiffs additionally allege Defendant failed to provide employees with full meal and rest breaks, as required by relevant provisions of the Labor Code. Plaintiffs allege that, in early 2020, Plaintiffs, together, reported Aaron's sexual harassment as well as the inadequacy co...

Excerpt: ...0. Plaintiff's Complaint alleges the following causes of action: (1) Willful Misclassification; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Rest Breaks; (4) Failure to Provide Meal Periods; (5) Willful Failure to Pay Wages; (6) Failure to Provide Itemized Wage Statements; (7) Violation of Business and Professions Code § 17200; (8) Failure to Grant Medical Leave in Violation of the California Family Rights Act; (9) Failure to Reinst...

Excerpt: ...Plaintiff's Property”). A&B Property Investments is the owner of the commercial real property located at 440 North Alvarado Street in Los Angeles, California (“A&B Property”), which is situated adjacent to and directly north of Plaintiff's Property. Plaintiff alleges that, for approximately twenty years, an easement existed at the southern-most portion of the A&B Property, which Plaintiff employed during the use of Plaintiff's Property. Now...

Excerpt: ...ront Porch Communities and Services, and other allegedly responsible parties, for Ms. Hall's wrongful eviction. On August 4, 2020, Ms. Hall initiated the present action by filing a Complaint against Front Porch Communities and Services, Randy Herzig, Nadine Roisman, Pamela Lowe, and Lis Stephens LVN (collectively, “Defendant”). On January 21, 2021, Ms. Hall's attorney of record informed this Court that Ms. Hall had passed away during the pend...

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: ...is Polich & Purdy, LLP (“CH”) and James C. Earle (“Earle”) (collectively “Defendants”). [1] On October 15, 2019, CH filed a Cross-Complaint against Plaintiffs asserting causes of action for breach of contract, account stated, open book account, and work labor, and services provided. The motion currently before the Court is a motion for terminating sanctions, or in the alternative, issue or evidentiary sanctions. Defendants also seek $...

Excerpt: ...e section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794); and 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5). On January 5, 2022, Plaintiff filed a notice of settlement, indicating that settlement was conditional. On April 20, 2022, Plaintiff filed the instant motion to set aside the settlement on the basis that Defendant Hyundai Motor America's 998 offer was...

Excerpt: ...ssory Estoppel; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Quiet Title; (6) Declaratory Relief; and (7) Constructive Trust. On February 25, 2022, Plaintiff filed a Notice of Related Case, indicating that this action (Case No. 21STCV35730) (“Civil Action”) is related to Case No. 22CMUD00149 (“UD Action”). On March 11, 2022, the Court found that the Civil Action and UD Action (collectively, the “Actions”) are...

Excerpt: ...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 good fa...

Excerpt: ...de § 1278.5; (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 Defen...

Excerpt: ...d received, (4) open book account, and (5) account stated. Plaintiff alleges Defendants borrowed money from Plaintiff and failed to repay him. On February 8, 2022, Plaintiff, through counsel, filed the instant motions against Defendant Teri Lee Bernardi (“Defendant”). Defendant filed an opposition on April 18, 2022, and Plaintiff filed a reply on May 5, 2022. Legal Standard Interrogatories Where there has been no timely response to a demand f...

Excerpt: ...ty. In July of 2018, Eyassu Hagos of HagosHomes, LLC (“Hagos”) contacted the purported heirs and heir apparent, offering to purchase the Subject Property. Defendant Erik Hepler (“Erik”) contacted Hagos on or about October 16, 2018. Hagos and Defendants Erik and Mark Hepler (“Mark”) engaged in ongoing negotiations and, on or about November 15, 2018, the parties negotiated a purchase price of $150,000 for the Subject Property. An agreem...

Excerpt: ...o all five causes of action of the Complaint. 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. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via p...

Excerpt: ...ity as taxpayers pursuant to Code of Civil Procedure section 526a. Plaintiffs allege that Defendants waste taxpayer money training their police officers that the standard for use of deadly force did not change with the passage of AB 392, now codified at Penal Code section 835a, which took effect on January 1, 2020, and raised the standard for using deadly force from “reasonable” to “necessary”. Plaintiffs move to compel Defendants to resp...

Excerpt: ...ive, Unit 4, Playa Del Ray sold by Yong Yoo and Regina Cheung on May 15, 2020. Hamada is a real estate agent employed by Beach City Brokers, Inc. (“Broker”); both Hamada and Broker facilitated the transaction between the parties. Escrow closed on June 18, 2020. Plaintiffs thereafter discovered black mold, water damage, and scraped asbestos throughout the property. (Compl., ¶ 14.) A mold inspector advised Plaintiffs that the home was unsafe f...

Excerpt: ...each 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 maliciously misappropri...

Excerpt: ...smissed the entire action with prejudice. Defendant Mandel now moves to seal and redact Court records and the docket. Legal Standard California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550-2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a mot...

Excerpt: ...ed Complaint against Holly Getlin, as Trustee of the Irene Karsin Family Trust, Todd Lockway, as Special Administrator for the Estate of Niels T. Sorensen, and Ronald Karsin (collectively, “Defendants”). Plaintiffs' operative First Amended Complaint alleges the following causes of action: (1) Dissolution of Partnership; (2) Accounting; and (3) Appointment of Receiver. On March 28, 2022, Non-Party Robott Land Company, Inc. (“Non-Party Robott...

Excerpt: ...”). Plaintiffs allege that the Subject Property has been or was contaminated with Perchloroethylene (“PCE”), a hazardous substance. Plaintiffs allege the PCE contamination is attributable to the operation of a cleaning business, known as Flaire Cleaners, which is or was owned and operated by Bong Ik Lee and Chang Lee (“Defendants”), and was previously located upon the Subject Property. Plaintiffs alleges that, throughout the operation o...

Excerpt: ...offitt Productions (“Proffitt Productions”), 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 Defendant); (5) Unjust Enrichment (against Defendant); (6) Declaratory Relief (against Defendant); (7) Declaratory Relief (against Defendant); (8) Money Had and Received (against Defendant); and (9) Mistak...

Excerpt: ...r: 1. Taxpayer Action Under California Code of Civil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds. The Complaint alleges, inter alia, that PPD's officials waste taxpayer funds on illegal training and policy designed to undermine AB 329. On February 9, 2022, Defendants moved for summary judgment to the Complaint, which has been fully briefed, and it is set to be heard on June 23, 2022. On February 15, 2022, Plaintiffs ...

Excerpt: ...ud; (5) Conversion of Company Assets; and (6) Unjust Enrichment against Defendants Goldeneye Two, LLC, Adina One, LLC, Paul H. Littmann, Hilgenberg Realty, Inc., Keller Williams Luxury Homes, Brady Sandahl, Michael C. Hilgenberg, and Does 1-50. Plaintiff and Defendant Paul Littmann (“Defendant”) formed Defendant Adina One, LLC to invest in a vacation rental home in Los Angeles (the “Adina Property”). They also formed Defendant Goldeneye T...

Excerpt: ...anent injunction. On March 11, 2022, Defendants Coldwell Banker Residential Brokerage Company dba Coldwell Banker Realty filed a Cross-Complaint against U.S. Bank, N.A. (“U.S. Bank”), alleging causes of action for tort of another, comparative equitable indemnity, contribution and apportionment, and declaratory relief. This action arises out of Plaintiffs engaging defendants Chartwell Escrow, Inc. (“Chartwell”) and Coldwell Banker (“Cold...

Excerpt: ... franchise. On June 24, 2015, CFM Properties Management LLC (“Plaintiff”) entered into the Agreement with Defendants, where Plaintiff agreed to purchase the Subject Property from Defendants and continue the operation of the franchise, in exchange for Plaintiff's payment of $200,000. Pursuant to the terms of the Agreement, upon signing the Agreement, Plaintiff was to place the sum of the purchase price into an escrow account. Additionally, pur...

Excerpt: ... and Does 1 through 100 (collectively, “Defendants”). Plaintiff's Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. On March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Polic...

Excerpt: ... a single cause of action, “Claim for Civil Penalties for Violation of California's Private Attorneys General Act of 2004 (Labor Code § 2698, et seq.).” Plaintiff's Second Amended Complaint prays for the imposition of civil penalties under California's Private Attorneys General Act (“PAGA”), on behalf of all current and former employees of Defendants, due to Defendants' violations of Labor Code § 2802, Defendants' failure to reimburse e...

Excerpt: ...os Angeles, California (“Subject Premises”). On February 4, 2019, DeAndre Vaughns, Danielle Watkins, DeAndre Vaughns, Jr., and Dre-Dann Vaughns (collectively, “Plaintiffs”) who lived at the SUBJECT PREMISES initiated the present action by filing a Complaint against Las Aguilas Properties, LLC and Does 1 through 50. Plaintiffs' Complaint alleges the following causes of action: (1) Breach of Implied Warranty of Habitability; (2) Breach of S...

Excerpt: ... et seq.; (5) Negligence; (6) Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional Distress; (8) California Fair Employment and Housing Act, Cal. Gov. C. § 12955, et seq.; (9) Negligence Per Se; and (10) Violation of California Unruh Civil Rights Act. Defendant demurs to the eighth, ninth, and tenth causes of action in the Complaint and moves to strike allegations in the Complaint related to punitive damages. Legal Stan...

Excerpt: ...ng-Beverly Consumer Warranty Act. On March 28, 2022, Plaintiff filed the instant motion to enforce settlement agreement. No opposition has been filed. Legal Standard Not less than 10 days prior to the commencement of trial, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. (Civ. Proc. Code § 998.) The ...

Excerpt: ...rate entity, known as Health Care LA (“Defendant HCLA”), the responsibility for the provision of health care services to health care subscribers, such as Plaintiff. (Id. ¶¶ 4, 8.) In turn, Defendant HCLA contracted with a separate entity, known as MedPoint Management (“Defendant MedPoint”), to perform administrative services on Defendant HCLA's behalf. (Id. ¶¶ 5, 9.) In or about January of 2018, Plaintiff visited his primary care phys...

Excerpt: ...aintiff's Complaint alleges she was in Defendants' care and custody, in a vegetative state, following a surgery to address a right intraparenchymal hemorrhage and evacuate a hematoma. Plaintiff alleges that, during this period, Defendants failed to provide her with good hygiene, causing her to develop recurring urinary tract infections, and failed to provide her with appropriate wound care, causing her to develop two pressure ulcers on her sacrum...

Excerpt: ...ployed by Terminix for nearly four years before his termination on October 1, 2019. During his employment, Plaintiff was provided with a Terminix branded truck for work purposes and was required, among other employees, to take this Terminix branded home and drive from home to work each day. For the one-year period before his termination, Terminix had a policy that prohibited Plaintiff from using the Terminix branded truck for personal use. Plaint...

Excerpt: ...of Implied Warranty of Merchantability; and (6) Fraud by Omission against Defendant General Motors, LLC (“Defendant”). On October 26, 2021, Defendant filed its demurrer as to Plaintiffs' sixth cause of action for Fraud by Omission on the grounds that it is (1) barred by the Economic Loss Rule; (2) barred by the statute of limitations; (3) fails to state facts relevant to the elements of the claim and does not constitute a cause of action; and...

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

Excerpt: ...529.5(a)(2); and (2) Violation of California Business and Professions Code § 17529.5(a)(1). Plaintiffs' Complaint generally alleges that Defendants advertised the domain “bongacams.com” in six hundred and fifty-five (655) unsolicited emails, and the emails had “materially deceptive” headers or used an unauthorized domain in violation of California Business and Professions Code §§ 17529.5(a)(2) and (a)(1). Defendants are allegedly the e...

Excerpt: ...ttorney fees, which includes fees for work after the filing of the motion, i.e., reviewing the opposition, filing a reply, appearing for the hearing, and opposing a motion to tax costs; (2) $5,161.95 in recoverable costs and expenses; and (3) $63,259.20 for a 2.0 multiplier enhancement to the lodestar on the attorney fees. Defendant opposes. On April 13, 2022, Plaintiff filed a reply. Plaintiff did not file a timely reply, which was due on April ...

Excerpt: ...against Defendant, alleging the following causes of action: (1) Fraud (By Individuals); (2) Breach of Fiduciary Duty (By Individuals); (3) Breach of Oral Contract (By Individuals); (4) Breach of Implied-in-Fact Contract (By Individuals); (5) Conversion (Derivative); (6) Breach of Fiduciary Duty (Derivative); (7) Unjust Enrichment; (8) Constructive Trust; and (9) Declaratory Relief. On September 24, 2021, Defendant Hannah Ashby (hereinafter, “Cr...

Excerpt: ...efendant Kia America, Inc. (“Defendant”). Plaintiff alleges in relevant part that she purchased a 2017 Kia Sportage (the Vehicle”), which was manufactured by Defendants, and contained serious defects and nonconformities to the engine Demurrer 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 allegation...

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 pro...

Excerpt: ...nd 3. Fraud. Plaintiff alleges that, in 2019, French was looking for a business partner to expand her gold mining projects due to the fact that her properties had purportedly possessed substantial gold reserves. The two agreed that Plaintiff would be compensated with a finder's fee of 5% of the funds invested if Plaintiff found a suitable business partner for French and her business. Plaintiff later contacted Felix and his company, Greencorp to s...