Excerpt: ...ement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On June 07, 2022, Defendant filed a Demurrer and a Motion to Strike Plaintiff's third and fourth causes of action. Plaintiff filed a reply on October 18, 2022. Defendant filed a reply on November 01, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the suffi...

Excerpt: ... IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (LEASE AGREEMENT) 3) BREACH OF CONTRACT (CONSULTING SERVICES AGREEMENT) 4) BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING (CONSULTING SERVICES AGREEMENT) 5) FRAUD 6) FINANCIAL ELDER ABUSE 7) VIOLATION OF BUS. & PROF. CODE §§ 17200 et seq. 8) FAILURE TO PAY MINIMUM WAGE 9) FAILURE TO PAY OVERTIME WAGES 10) FAILURE TO PROVIDE MEAL PERIODS 11) FAILURE TO PROVIDE REST PERIODS 12) FAILURE TO PA...

Excerpt: ...; and 6) Unjust Enrichment. On September 09, 2021, SNS and Kofoed filed a Cross-Complaint against Krystal Ventures, LLC (“Krystal Ventures”); CTPartners, Inc. (“CTP”); Daniel S. Kang (“Kang”) ; and Christopher D. Lee (“Lee”). The first Amended Cross-Complaint (“FACC”) alleges: 1) Fraud (Counts 1, 3, 7 & 8); 2) Breach of Contract (Count 2); 3) Negligent Misrepresentation (Counts 4 & 9.); 4) Negligent Economic Interference (Coun...

Excerpt: ...alifornia; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufacturing Defect; 6) Strict Products Liability – De...

Excerpt: ..., Section 1793.2; 2. Violation of Subdivision (b) of Civ. Code, Section 1793.2; 3. Violation of Subdivision (a)(3) of Civ. Code, Section 1793.2; 4. Breach of Express Warranty (Civ. Code, §§ 1791.2(a), 1794); 5. Breach of Implied Warranty of Merchantability (Civ. Code, §§ 1791.1, 1794, 1795.5); and 6. Fraud by Omission. On August 15, 2022, Defendant Ford moved for Summary Judgment or Summary Adjudication. On October 18, 2022, Plaintiff filed o...

Excerpt: ...n Defendants' motion is granted. The Application for Determination of Good Faith Settlement is denied. The Redfin Defendants are to give notice. Background This action arises in connection with a residence located at 2320 Berkeley Avenue in Los Angeles County, California (the “Residence”). Emily Beers (“Plaintiff”) alleges that Defendant and Seller, Prima Property, LLC (“Seller”) acquired the Residence with the intent of remodeling an...

Excerpt: ... Defendant RUSD filed a Motion to Compel the Deposition of Sara Sherman, Psy.D. No opposition or reply had been filed. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only t...

Excerpt: ...ount of $480,000.00. Following a series of financial hardships, Plaintiffs defaulted on the Deed of Trust. On September 28, 2015, The Wolf Firm, acting on behalf of Select Portfolio Servicing, Inc., filed a Notice of Default against the subject property. Subsequently, on June 29, 2021, The Wolf Firm, acting on behalf of Select Portfolio Servicing, Inc., recorded a Notice of Trustee Sale against the subject property. The subject property was, ther...

Excerpt: ...t JLRNA's Persons(s) Most Qualified. JLRNA filed opposing papers on October 12, 2022. Plaintiff filed a Reply on October 17, 2022. LEGAL STANDARD Code of Civil Procedure section 2025.450, section (a) states in relevant part: 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 person designated by an organization that is a party under Section 2025.230, without having...

Excerpt: ...tay Proceedings. Plaintiff filed opposing papers on October 12, 2022. Defendant Nissan filed a reply on October 18, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 9...

Excerpt: ...nd Amended Complaint (SAC) asserts causes of action for: (1) Conversion; (2) Breach of Contract; and (3) Violation of Civil code section 1950.5(1). On October 25, 2022, Defendant Levi Estates, LLC filed a Cross-Complaint against Plaintiffs alleging: (1) Breach of Contract; (2) Waste; (3) Negligence; and (4) Conversion. On September 14, 2022, Defendant Levi Estates moved to Judgment on the Pleadings on Plaintiff's SAC and to Strike Influences, Inc...

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

Excerpt: ...he existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code C...

Excerpt: ... of Partnership Agreement, 2) Involuntary Dissolution, 3) Breach of Fiduciary Duty, 4) Concealment, 5) Negligent Misrepresentation, 6) Intentional misrepresentation, 7) Misappropriation, 8) Accounting, and 9) Fraudulent Transfer On March 16, 2021, Zadourian filed a Cross-Complaint against Plaintiff. Defendant's Cross-Complaint alleges the following causes of action: (1) Common Law Assault; (2) Common Law Battery; (3) Intentional Infliction of Emo...

Excerpt: ...ber 04, 2021, a Notice of Settlement was filed. On February 10, 2022, an Order of Dismissal was filed. On June 13, 2022, Plaintiff filed a Motion to Set Aside and Vacate the Dismissal and Lave to Defend the Action. Defendants filed an opposition on July 13, 2022. No reply was filed. On September 26, 2022, the hearing was continued to allow Plaintiff to file an amended proof of service. Legal Standard California Code of Civil Procedure section 473...

Excerpt: ...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) Fraud under California Business & Professions Code section 7160. On April 2, 2020, Defendant filed the Cross-Complaint. The Cross-Complaint asserts causes of action for: 1) Breach of Contract; 2) Fraud; 3) Quantum Meruit; and ...

Excerpt: ...essions Code § 17200, 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. On May 27, 2022, Defendant filed a demurrer and a motion to strike Plaintiff's FAC. On September 29, 2022, Plaintiff filed opposing papers. Defendant filed...

Excerpt: ...; 3. Witness Tampering; 4. Civil Conspiracy; 5. Conspiracy In-Concert; 6. Aiding and Abetting; 7. Defamation; 8. False Representation; 9. Intentional Infliction of Emotional, Physical, and Mental Distress; 10. Gross Negligence; and 11. Breach of Fiduciary Duty. On November 10, 2020, the Court granted LAWA's Anti-SLAPP Motion in its entirety, striking Plaintiff's Complaint. Judgment was entered on December 07, 2020. On March 15, 2021, Plaintiff fi...

Excerpt: ...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 May 5, 2022, Plaintiffs requested an Informal Discovery Conference to be conducted on July 15, ...

Excerpt: ...C, formerly Morris Polich & Purdy, LLP (“CH”) and James C. Earle (“Earle”) (collectively “Defendants”). 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. On September 26, 2022, Defendants filed this Secon Motion for Terminating Sanctions. Plaintiffs filed opposing papers on October 5, 2022. On Oc...

Excerpt: ...2) breach of statutory warranty 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 (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, respectively. On J...

Excerpt: ...E PREMISES; 2) COLLECTION OF RENT FOR SUBSTANDARD DWELLING; 3) NUISANCE; 4) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 5) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 6) PREMISES LIABILITY; 7) BREACH OF IMPLIED WARRANTY OF HABITABILITY; 8) BREACH OF THE COVENANT OF QUIET ENJOYMENT; 9) VIOLATION OF CAL. BUS. & PROF. CODE 17200 et seq.; 10) WILLFUL INTERRUPTION OF SERVICES; 11) RETALIATION; 12) VIOLATION OF CITY OF BELL GARDENS ORDINANCE No. 900-...

Excerpt: ...77.30) 3) Wrongful Death Battery (CCP § 377.60) 4) Violation of the Bane Act (Civ. Code § 52.1) On September 09, 2022, Plaintiff filed a Motion to Seal. The Defendants filed a response in support of Plaintiffs' Motion to Seal. LEGAL STANDARD To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration contain...

Excerpt: ...e § 12940, et seq.); and 4) Retaliation in Violation of FEHA (Cal. Gov't Code § 12940, et seq.). LEGAL STANDARD “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action . . . or of any separate issue . . . .” (Code Civ. Proc., § 1048,¿subd. (b).) Additionally, “[t]he court may, when the convenience of witnesses,...

Excerpt: ...ve Economic Advantage 7) Negligent Interference with Prospective Economic Advantage On August 26, 2022, Defendant filed a Demurrer and a Motion to Strike Plaintiff's Complaint. On September 22, 022, Plaintiff filed an opposition. On October 03, 2022, Defendant filed a reply. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (See Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrer...