Excerpt: ...iform Trade Secrets Act (Civ. Code section 3426, et seq.); 4. Unfair Competition; 5. Intentional Interference with Contract; and 6. Intentional Interference with Prospective Economic Advantage. Defendants Larkman and Keynes Digital now move for an order compelling Plaintiff to arbitrate all of its claims and to stay the case pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy objectives containe...

Excerpt: ... order compelling arbitration of all of Plaintiff's claims and staying the action pending the outcome of arbitration. On January 20, 2021, the Court continued the hearing on the instant matter to allow the parties to file supplemental briefs related to the issue of whether Defendant may enforce the arbitration agreement as a non-signatory. Having reviewed the supplemental papers, the Court now rules as follows. Legal Standard California law incor...

Excerpt: ...ecific Performance (against VGB); 2. Breach of Contract (against VGB); 3. Breach of Implied Covenant (against VGB); 4. Declaratory Relief (against VGB); 5. Unfair Competition (against Cushman and Mohler); and 6. Negligent Interference with Prospective Economic Advantage (against Cushman and Mohler). On October 29, 2019, Plaintiff dismissed the sixth cause of action for negligent interference with prospective economic advantage without prejudice, ...

Excerpt: ...n in Violation of Gov't Code §§ 12940, et seq.; 4. Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Gov't Code § 12940(k); 5. Wrongful Termination in Violation of Public Policy; 6. Intentional Infliction of Emotional Distress; and 7. Declaratory Judgment. Defendant Cargomatic, Inc. (hereinafter “Defendant”) now moves for an order compelling Plaintiff's claims to arbitration and staying the case pending the outc...

Excerpt: ...Warranty; and 3. Violation of the Song-Beverly Act section 1793.2. Defendant Jaguar Land Rover North America, LLC (hereinafter “Defendant”) now moves for an order allowing it to amend its Answer to Plaintiff's Complaint. Legal Standard The court may, in furtherance of justice and on any proper terms, allow a party to amend any pleading. (Code Civ. Proc., § 473, subd. (a)(1); Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235,...

Excerpt: ...ign Defect; 4. Fraudulent Concealment; and 5. Breach of Implied Warranties. On February 7, 2020, Plaintiffs filed 6 Amendments to Complaint (Fictitious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor-by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corpor...

Excerpt: ...gainst Samsung – Res Ipsa Loquitur; 2. Specific Negligent Product Liability against Samsung; 3. General Negligence against Samsung – Res Ipsa Loquitur; 4. Specific Negligence against Samsung; 5. General Negligent Product Liability against Best Buy – Res Ipsa Loquitur; 6. Specific Negligent Product Liability against Best Buy; 7. General Negligence against Best Buy – Res Ipsa Loquitur; and 8. Specific Negligence against Best Buy. On Februar...

Excerpt: ... Breach of Written Contract (Handwritten Agreement); 2. Breach of Covenant of Good Faith and Fair Dealing; 3. Breach of Written Agreement (Promissory Note); 4. Accounting; and 5. Declaratory Relief. Defendants Instant Tuck USA, LLC; Instant Tuck IP Licensing, LLC; and Adrian Gluck (“Glucl'), individually and as Trustee of the Gluck Family Trust (hereinafter “Defendants”) move to compel Plaintiffs to arbitrate their claims in this action and...

Excerpt: ..., Gov. Code § 12940, et seq.; 3. Failure to Take All Steps Necessary to Stop Sexual Harassment from Occurring – Violation of FEHA, Gov. Code § 12940(k); 4. Retaliation – Violation of FEHA, Gov. Code § 12940(j) and Public Policy; 5. Wrongful Termination in Violation of Public Policy; 6. Intentional Infliction of Emotional Distress; 7. Failure to Pay Rest Period Compensation – Labor Code § 226.7; 8. Failure to Furnish Accurate Wage Statem...

Excerpt: ...division (d) of Civil Code section 1793.2; 2. Violation of Subdivision (b) of 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. Plaintiffs now move for an order compelling further responses to their Reques...

Excerpt: ...tion of Subdivision (b) of Civil Code section 1793.2 (against FCA); 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2 (against FCA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against FCA); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); 6. Fraud by Omission (against FCA); 7. Violation of Consumer Legal Remedies Act (Civ. Code §§ 1750, et seq.); ...

Excerpt: ...Cross- Complaint against David Lo, Hyo Sue Lo (collectively the “Los”), and Roes 1 through 5. The Cross-Complaint asserts a single cause of action for Breach of Contract. On August 17, 2018, following a bench trial, the Court entered judgment in favor of JSL and against the Los. The judgment included an award of $45,380.00 in attorney fees incurred in prosecuting the case. On December 14, 2018, the Court awarded JSL an additional $9,500.00 in...

Excerpt: ...ty; 3. Violation of the Song-Beverly Act section 1793.2; and 4. Negligent Repair. Plaintiff now moves for an order compelling full and complete verified responses, without objections, to his First Set of Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to deem Requests for Admissions admitted. Legal Standard For a motion to compel initial discovery responses, all a propounding party must show is that it ...

Excerpt: ...ation of Unruh Civil Rights Act – Civil Code §§ 51, et seq.; and 3. Violation of Bane Act – Civil Code §§ 52, et seq. On October 29, 2020, the Court granted Defendants' Special Motion to Strike under Code of Civil Procedure section 425.16 (anti-SLAPP motion), striking portions of paragraphs 17, 25, and 26, and the entirety of paragraph 21 of the Complaint. On December 7, 2020, Plaintiff Jada file the First Amended Complaint (“FAC”). T...

Excerpt: ...ursuant to Civil Code § 3439, et seq.; 2. Common Law Fraudulent Transfer; and 3. Accounting. On October 16, 2020, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name) naming 879 Flora LLC as Doe 21. On December 7, 2020, 8BC Loan Fund, LLC; Maru Assets, LLC; and 879 Linda Flora, LLC were dismissed without prejudice. Defendants Young Hun Kim; 8th Bridge Capital, LLC; Manhattan Real Estate Fund GP, LLC; Yna Kim; and 8th Bridge Cap...

Excerpt: ...s of action for: 1. Whistleblower Retaliation; 2. Violation of Cal. Gov. Code § 815.6; 3. Relief under Cal. Civ. Code § 52.1; 4. Intentional Infliction of Emotional Distress; 5. Breach of Fiduciary Duty; 6. Violation of Cal. Gov. Code § 1090; 7. Fraudulent Concealment; and 8. Unfair Competition. Defendant Shapiro now moves to strike the entire FAC as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”). Legal Standard Code ...

Excerpt: ..., et seq.; 2. Common Law Fraudulent Transfer; and 3. Accounting. On October 16, 2020, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name) naming 879 Flora LLC as Doe 21. On December 7, 2020, 8BC Loan Fund, LLC; Maru Assets, LLC; and 879 Linda Flora, LLC were dismissed without prejudice. Defendants Young Hun Kim; 8th Bridge Capital, LLC; Manhattan Real Estate Fund GP, LLC; and 8th Bridge Capital, Inc. (hereinafter collectively r...

Excerpt: ...action for: 1. Breach of Contract (against CycleBar); 2. Breach of Contract (against AKT); and 3. Breach of Contract (against Stride). Defendants CycleBar, AKT, and Stride (hereinafter collectively referred to as “Defendants') now move to strike allegations in the Complaint related to attorney fees. Legal Standard Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part th...

Excerpt: ...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. Defendant Mather Bros. Inc. (hereinafter “Defendant”) now moves for an order compelling Plaintiff's further responses to Defendant's Form Int...

Excerpt: ...alty under Labor Code § 226 and for Related PAGA Civil Penalties; 4. Failure to Reimburse Work-Related Expenses in Violation of Labor Code § 2802 and for Related PAGA Civil Penalties; 5. Wrongful Termination in Violation of Public Policy; and 6. Violation of Unfair Competition Laws and Injunctive Relief. Defendant Cedars-Sinai Medical Center (hereinafter “Defendant”) moves for an order compelling Plaintiff to submit her individual claims to...

Excerpt: ... Fraudulent Inducement – Concealment. Defendants FCA US and Arm & J Corporation (hereinafter collectively referred to as “Defendants”) move for summary adjudication of the third cause of action for fraudulent inducement – concealment and the prayers for punitive damages and civil penalties. Legal Standard In reviewing a motion for summary judgment or adjudication, courts must apply a three- step analysis: “(1) identify the issues framed...

Excerpt: ...il Code § 3439, et seq.; 2. Common Law Fraudulent Transfer; and 3. Accounting. On October 16, 2020, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name) naming 879 Flora LLC as Doe 21. On December 7, 2020, 8BC Loan Fund, LLC; Maru Assets, LLC; and 879 Linda Flora, LLC were dismissed without prejudice. Defendants Young Hun Kim; 8th Bridge Capital, LLC; Manhattan Real Estate Fund GP, LLC; and 8th Bridge Capital, Inc. (hereinafter...

Excerpt: ... Garcia); 3. Fraudulent Inducement (against Troon & Garcia); 4. Disgorgement (against Troon & Garcia); 5. Declaratory Relief (against Troon & Garcia); 6. Recovery on License Bond; 7. Negligent Hiring and Supervision (against Troon & Garcia); and 8. Alter Ego (against Troon & Garcia). On January 6, 2021, default was entered as to Troon and Garcia on the Complaint. On March 4, 2020, Accredited Surety and Casualty Company, Inc. (“Accredited”) fi...

Excerpt: ...asis of Race, Color, National Origin and Ancestry (Violation of Cal. Gov. Code § 12940(a)); 2. Violation of the California Fair Employment and Housing Act's Prohibition of Harassment in Employment on the Basis of Race, Color, National Origin and Ancestry (Cal. Gov. Code § 12940(j)); 3. Failure to Remedy and Prevent Discrimination and Harassment (Cal. Gov. Code § 12940(k)); 4. Violation of the California Fair Employment and Housing Act's Prohib...

Excerpt: ... of Implied Warranty; 3. Violation of the Song-Beverly Act Section 1793.2; 4. Fraudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Defendant now moves for an order entering a protective order based on the Los Angeles Superior Court's Model Stipulated Protective Order (“LASC Model SPO”) that addresses the confidentiality designations for information and documents produced in discovery. Legal St...

Excerpt: ...oss- Complaint against Victor L. George dba The Law Office of Victor L. George (hereinafter “Cross-Defendant”) and Roes 1 through 25. The Cross-Complaint asserts causes of action for: 1. Fraud in the Inducement; 2. Fraud in the Factum; 3. Breach of Contract; 4. Negligence; 5. Breach of Fiduciary Duty; and 6. Unjust Enrichment. Cross-Defendant demurs to the entire Cross-Complaint arguing that it is barred by the statute of limitations and fail...

Excerpt: ...ccommodate; 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. Defendant Mather Bros. Inc. (hereinafter “Defendant”) now moves for an order compelling Plaintiff's further responses to Defen...

Excerpt: ...d Motor Company (hereinafter “Defendant”) moves for summary judgment or, in the alternative, summary adjudication of the first cause of action for negligence and second cause of action for strict products liability. 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 ...

Excerpt: ...s of action for: 1. Whistleblower Retaliation; 2. Violation of Cal. Gov. Code § 815.6; 3. Relief under Cal. Civ. Code § 52.1; 4. Intentional Infliction of Emotional Distress; 5. Breach of Fiduciary Duty; 6. Violation of Cal. Gov. Code § 1090; 7. Fraudulent Concealment; and 8. Unfair Competition. On September 25, 2020, Defendant Shapiro filed an Anti-SLAPP motion currently set for hearing on February 1, 2021. Plaintiff now moves for an order li...

Excerpt: ...l Relations. On September 20, 2019, Defendant EDI International, PC (“EDI”) filed the Cross- Complaint against Plaintiff SG Blocks, Inc. (hereinafter “Plaintiff”) and Roes 1 through 100. The Cross-Complaint asserts causes of action for: 1. Breach of Contract; 2. Intentional Interference with Contractual Relations; 3. Intentional Interference with Economic Advantage; and 4. Negligent Interference with Economic Advantage. On November 5, 201...

Excerpt: ...C and Queens Mall Limited Partnership); Valley Stream Green Acres LLC (erroneously sued as Green Acres Mall, LLC); Macerich Niagara LLC (erroneously sued as Fashion Outlets of Niagara, LLC); Brooklyn Kings Plaza LLC; PR 907 Market LP; and Tysons Corner Holdings LLC. The Complaint asserts causes of action for: 1. Declaratory Judgment; 2. Breach of Contract; 3. Breach of the Implied Covenant of Good Faith and Fair Dealing; 4. Unjust Enrichment; 5. ...

Excerpt: ...order compelling arbitration of all of Plaintiff's claims and staying the action pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreem...

Excerpt: ...mpany, 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 Cement Co.; Sakrete of North America, LLC; United States Gy...

Excerpt: ...endants Southwest Law Center; Anthony R. Lopez, Jr., and Does 31-100. The Cross-Complaint asserts causes of action for: 1. Breach of Contract; 2. Fraud and Deceit; 3. Breach of Fiduciary Duty; and 4. Breach of the Implied Covenant of Good Faith and Fair Dealing. On February 24, 2020, Plaintiff filed the Second Amended Complaint for Interpleader (“SAC”). Defendant Powers (hereinafter “Defendant”) now demurs to the SAC on the ground that it...

Excerpt: ...ov. Code § 12940(a)) (against Movado Defendants); 2. Disability Discrimination (Cal. Gov. Code § 12940(a)) (against Movado Defendants); 3. Failure to Accommodate (Cal. Gov. Code § 19240(m)) (against Movado Defendants); 4. Failure to Engage in the Interactive Process (Cal. Gov. Code § 12940(n)) (against Movado Defendants); 5. Harassment on the Basis of Pregnancy, Sex, and/or Disability (Cal. Gov. Code § 12940(j)); 6. Retaliation for Requestin...

Excerpt: ...§ 17200, et seq. (Unfair Competition Law). On October 16, 2020, the Court denied Defendant's motion to strike Plaintiffs' Complaint as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”) filed and for an award of attorneys' fees and costs. Plaintiffs now move for attorney fees incurred relating to their successful opposition to the anti-SLAPP motion. Legal Standard Code of Civil Procedure section 425.16, subdivision (c)(1) p...

Excerpt: ...ov. Code § 12940(a)) (against Movado Defendants); 2. Disability Discrimination (Cal. Gov. Code § 12940(a)) (against Movado Defendants); 3. Failure to Accommodate (Cal. Gov. Code § 19240(m)) (against Movado Defendants); 4. Failure to Engage in the Interactive Process (Cal. Gov. Code § 12940(n)) (against Movado Defendants); 5. Harassment on the Basis of Pregnancy, Sex, and/or Disability (Cal. Gov. Code § 12940(j)); 6. Retaliation for Requestin...

Excerpt: ... an order striking allegations related to punitive and exemplary damages. Legal Standard Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improp...

Excerpt: ...avite and Direct); 3. Retaliation (against Pharmavite and Direct); 4. Violation of Civil Code § 51 and Civil Code § 52.1(b) (against Pharmavite and Direct); 5. Wrongful Termination (against Pharmavite and Direct); and 6. Intentional Infliction of Emotional Distress. On September 7, 2017, the Court granted Defendant Direct's motion for summary judgment. On the same day, the Court granted Defendant Pharmavite's motion for summary adjudication as ...

Excerpt: ...rie Rode, individually and as Trustee to the Rode Living Trust; Raymond Theodore Kolby, Jr., individually and as Trustee to the Rode Trust; Enterprise Townhomes HOA; Enterprise Homeowners Association; Professional Realty Consultants, Inc.; and Does 1 through 100. The SAC asserts a single cause of action for wrongful death and personal injuries. Plaintiffs seek an order compelling (1) Defendant Kolby to serve verified responses without objections ...

Excerpt: ...dment to Complaint (Fictitious/Incorrect Name), naming National Solutions, Inc. as Doe 1. On November 19, 2019, Plaintiff dismissed National Solutions LLC without prejudice. On February 13, 2020, default was entered as to National Solutions, Inc. On March 16, 2020, Does 2 through 10 were dismissed without prejudice. On June 24, 2020, the Court ordered the default entered against National Solutions, Inc. (hereinafter “Defendant”) vacated pursu...

Excerpt: ...ir agents, successors, assigns, servants, and employees from servicing or contacting any of Plaintiff's clients. Legal Standard “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefore.” (Code Civ. Proc., § 527(a).) The purpose of a preliminary injunction is to...

Excerpt: ...iction of Emotional Distress; and 4. Negligence. On March 4, 2020, the Court granted Judgment Creditor's request for entry of default judgment in the total amount of $601,235.15 against Judgment Debtor. On October 28, 2020, the Court indicated that it was disinclined to grant the instant motion as Judgment Creditor had failed to provide evidence sufficient to demonstrate that Judgment Debtor is employed or in a business relationship with the Obli...

Excerpt: ...asserts causes of action for: 1. Whistleblower Retaliation; 2. Violation of Cal. Gov. Code § 815.6; 3. Relief under Cal. Civ. Code § 52.1; 4. Intentional Infliction of Emotional Distress; 5. Breach of Fiduciary Duty; 6. Violation of Cal. Gov. Code § 1090; 7. Fraudulent Concealment; and 8. Unfair Competition. On September 25, 2020, Defendant Shapiro filed an Anti-SLAPP currently set for hearing on February 1, 2021. On October 5, 2020, Defendant...

Excerpt: ...unty Code (County Code § 22.140.134.B); 2. Violation of Los Angeles County Code (County Code § 22.140.134.C); 3. Violation of Los Angeles County Code (County Code §§ 1.23.010, 1.23.040, 1.23.050); 4. Violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Bus. & Prof. Code § 2600, et seq.); 5. Narcotics Abatement (Health & Saf. Code § 11570, et seq.); and 6. Unlawful Business Practices (Bus. & Prof. Code § 17200). Spec...

Excerpt: ...consolidating the two actions. Legal Standard A noticed motion to consolidate must: (1) list all of the named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (2) contain the captions of all the cases sought to be consolidated, with the lowest numbered case first; (3) be filed in each case sought to be consolidated; (4) be served on all attorneys of record and all nonrepresented pa...

Excerpt: ...action for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 (against Volvo NA); 2. Violation of Subdivision (b) of Civil Code Section 1793.2 (against Volvo NA); 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (against Volvo NA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against Volvo NA); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795....

Excerpt: ...Relief. Defendants A & B Property Investments and Alvarado Auto Sales, Inc. (hereinafter “Defendants”) demur to the entire complaint on the ground that the pleading does not state facts sufficient to constitute a cause of action. 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 ...

Excerpt: ...t Aveo); 2. Common Counts for Money Had and Received (against Aveo); 3. Fraud (against Aveo); 4. Payments and Penalties pursuant to Business & Professions Code sections 7071.5 and 7160 (against American Contractors Indemnity). On September 17, 2019, American Contractors Indemnity filed a Cross-Complaint against Aveo, Oscar Zhang, and Roes 1 through 20. The Cross-Complaint asserts causes of action for: 1. Breach of Contract; 2. Statutory Indemnity...

Excerpt: ...egligent Misrepresentation; 3. False Promise; and 4. Intentional Misrepresentation. Defendant APIIS Financial, Inc. (hereinafter “Defendant”) now moves for an order compelling Plaintiffs to provide verified responses to its Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Production of Documents, Set One and to deem its Requests for Admissions, Set One to Plaintiffs Gloria and Michelle admitted. Legal Standard For...

Excerpt: ...ty described in the complaint adverse to the Plaintiffs' or any cloud on Plaintiffs' title to that property; and Does 1 to 10. The action concerns property located at 1654 East Altadena Drive, Altadena, California 91001. On May 14, 2019, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting 1654 E. Altadena LLC as Doe 1. On October 20, 2020, Plaintiffs filed the Third Amended Complaint (“TAC”). The TAC asserts a ...

Excerpt: ...40, et seq.); and 4. Retaliation in Violation of FEHA (Cal. Gov't Code § 12940, et seq.). Defendant moves for an order compelling Plaintiff to comply with Defendant's Demand for Physical Examination by a neurologist, Dr. Peter-Brian Andersson. Legal Standard California Code of Civil Procedure section 2032.310 provides that a party shall obtain leave of court if the party desires to obtain discovery by a mental examination. (See Code Civ. Proc. �...

Excerpt: ...; 2. Sex/Gender Discrimination, Violation of Cal. Gov. Code §§ 12940, et seq.; 3. Sex/Gender Retaliation, Violation of Cal. Gov. Code §§ 12940, et seq.; 4. Race/National Origin Harassment, Violation of Cal. Gov. Code §§ 12940, et seq.; 5. Race/National Origin Discrimination, Violation of Cal. Gov. Code §§ 12940, et seq.; 6. Race/National Origin Retaliation, Violation of Cal. Gov. Code §§ 12940, et seq.; 7. Assault and Battery; 8. Batter...

Excerpt: ...so claim that FATIC, which provided Plaintiffs' title insurance, acted in bad faith by improperly favoring Plaintiffs' neighbors, “Shih/Ko,” in the dispute over the alleged encroachment and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their property caused by the encroachment. In the operative Second Amended Complaint (“SAC”), Plaintiffs assert causes of action for: 1. Breach of Contract by Escrow...

Excerpt: ...rough 50. On May 22, 2015, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Breach of Contract; 2. Breach of Contract by Promissory and Equitable Estoppels; and 3. Common Counts for Money Had and Received and Work, Labor, and Services. On August 18, 2015, the Court sustained Defendants' demurrer to the second and third causes of action without leave to amend. On June 9, 2017, the Court granted Defe...

Excerpt: ...urance Agency (“Ting Sung Insurance”); and Does 1 through 100. On June 30, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC corrects Minasian & Associates to M & A Real Estate Services DBA Minasian & Associates (“Minasian & Associates) and 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 T...

Excerpt: ...h 100. The Complaint asserts causes of action for: 1. Negligence; 2. Premises Liability; 3. Strict Products Liability: Design Defect; 4. Strict Liability: Failure to Warn; and 5. Products Liability: Negligence. 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 R...

Excerpt: ...orm 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; ...

Excerpt: ...onal Interference with Prospective Economic Advantage (against Great West); 2. Constructive Trust (against Olivo & Associates and Maalik); 3. Breach of Contract, Quantum Meruit, and Unjust Enrichment (against Maalik); 4. Breach of Fiduciary Duty (against Olivo & Associates); 5. Declaratory Relief (against Olivo & Associates and Maalik; 6. Conversion (against Olivo & Associates); 7. Fraudulent Concealment; 8. Intentional Misrepresentation; and 9. ...

Excerpt: ...onto Plaintiffs' property. Plaintiffs also claim that FATIC, who provided Plaintiffs' title insurance, acted in bad faith by improperly favoring Plaintiffs' neighbors, “Shih/Ko,” in the dispute over the alleged encroachment, LASC Case No. EC064933 entitled Romero, et al. v. Shih, et al. (the “underlying action” or “related action”), and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their proper...

Excerpt: ...ication; 2. Enforcement of PAGA, for Failure to Pay Overtime Wages; 3. Enforcement of PAGA, for Failure to Provide Meal Periods; 4. Enforcement of PAGA, for Failure to Permit Rest Breaks; 5. Enforcement of PAGA, for Failure to Provide Accurate Itemized Wage Statements; 6. Enforcement of PAGA, for Failure to Maintain Accurate Records; 7. Enforcement of PAGA, for Failure to Timely Pay All Wages Earned During Employment; 8. Enforcement of PAGA, for ...

Excerpt: ...erts causes of action for: 1. Negligence; 2. Premises Liability; 3. Strict Products Liability: Design Defect; 4. Strict Liability: Failure to Warn; and 5. Products Liability: Negligence. 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, Aeria...

Excerpt: ...ed a demurrer with motion to strike to the FAC. On August 26, 2020, Plaintiff, without leave of court, attempted to file a Second Amended Complaint, which was rejected. On September 9, 2020, the Court overruled Defendants' demurrer to the FAC but granted with leave to amend Defendants' motion to strike. Pursuant to the September 9, 2020 order, Plaintiff filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: 1. Defam...

Excerpt: ...ce Agency (“Ting Sung Insurance”); and Does 1 through 100. On June 30, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC corrects Minasian & Associates to M & A Real Estate Services DBA Minasian & Associates (“Minasian & Associates) and 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 ...

Excerpt: ... to Pay Minimum Wages Owed; 2. Failure to Pay Overtime Wages Owed; 3. Untimely Payment of Wages; 4. Failure to Provide Timely Rest Periods; 5. Failure to Provide Timely Meal Periods; 6. Failure to Keep Accurate Records of Hours Worked; 7. Failure to Keep Records of Wage Statements; 8. Inaccurate Wage Statements; 9. Failure to Pay Wages at Termination; 10. Failure to Reimburse Employees' Expenses; and 11. Failure to Cure Wrong Address of Employer ...

Excerpt: ...ental Co.; Rodney Lee Barnes; and Does 1 through 25. On January 7, 2019, Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Negligence; 2. Negligent Hiring/Retention/Supervision/Training; 3. Loss of Consortium; and 4. NIED – Negligent Infliction of Emotional Distress. On January 31, 2019, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting Cupertino Electric, Inc. (�...

Excerpt: ...ning jurisdiction pursuant to Code of Civil Procedure Section 664.6. Plaintiff now moves for an order enforcing the settlement agreement by ordering Defendant to pay $5,994.00, plus attorney fees and costs. Legal Standard California Code of Civil Procedure section 664.6 provides that [i]f 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 ...

Excerpt: ...uesting Accommodation); 6. Wrongful Termination in Violation of Public Policy; 7. Rest Period Violation; 8. Failure to Pay All Overtime; 9. Unfair Competition; and 10. Failure to Provide Personnel File. Defendant now demurs to the Complaint on the grounds of uncertainty and moves to strike allegations in the Complaint related to punitive damages. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of a...

Excerpt: ... 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 July 8, 2020, Cross-Complainant filed the First Amended Cross-Complaint (“FAXC”). The FAXC asserts causes of action for: 1. Breach of Contract for the Sale of Goods (UCC Art. 2); 2. Breach of Contract for Services (Common L...

Excerpt: ...ental Co.; Rodney Lee Barnes; and Does 1 through 25. On January 7, 2019, Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Negligence; 2. Negligent Hiring/Retention/Supervision/Training; 3. Loss of Consortium; and 4. NIED – Negligent Infliction of Emotional Distress. On January 31, 2019, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting Cupertino Electric, Inc. (�...

Excerpt: ...r Dealing; 3. Wrongful Termination in Violation of Public Policy; 4. Violation of California Constitution; 5. Violation of California Government Code § 12900, et seq.; 6. Violation of Business & Professions Code § 17200, et seq.; 7. Fraud; 8. Intentional Infliction of Emotional Distress; 9. Violation of California Labor Code – rest, meal period, overtime; 10. Violation of California Labor Code § 1102.5 – Whistleblower; 11. Violation of Cal...

Excerpt: ...of Material Evidence; 2. Evidence Tampering; 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. Defendant City of Los Angeles (also sued as Los Angeles World Airports (LAWA)) (hereinafter referred to as “Defendant LAWA” or “Defendant�...

Excerpt: ... of action for: 1. Civil Penalties pursuant to Civil Code section 1794(e) (against Hyundai Motor); 2. Civil Penalties pursuant to Civil Code section 1794(c) (against Hyundai Motor); 3. Breach of Express Warranty (against Hyundai Motor); and 4. Breach of Implied Warranty of Merchantability. Defendant HMA (hereinafter “Defendant” or “HMA”) now moves to disqualify Plaintiff's counsel Joe Kaufman and his co-counsel, Shawna Melton, “who [Kau...

Excerpt: ...793.2; 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 Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and 6. Fraud by Omission. Defendant now demurs to the sixth cause of action and moves to strike allegations in the FAC related to punitive damages. Legal Standard on Demurrer A demurrer for sufficiency tes...

Excerpt: ... 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); 6. Fraud by Omission; and 7. Violation on Consumer Legal Remedies Act (Civ. Code § 1750, et seq.). Defendant demurs to the third, fourth, fifth, sixth, and seventh causes of action and ...

Excerpt: ...ent 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 October 9, 2020, Defendant Collabera, Inc. filed the instant motion to compel arbitration and stay action. The same day, Defendant Misitano filed a joinder to the motion to compel arbitration. Defendants seek an order compelling arbitration of this matt...

Excerpt: ... set aside fraudulent creation of second lien on real property; and 5. quiet title. The Complaint arises from the alleged fraudulent August 12, 2019, transfer of real property commonly known as 9926 Anzac Avenue & 1961 E. Century Blvd., Los Angeles, California (the “Property”). Plaintiff alleges that Defendant Francisco Vielma (“Vielma”) violated an agreement for Vielma to hold the Property in trust for the benefit of Plaintiff by transfe...

Excerpt: ...to the FAC, and the demurrer came before the court on July 14, 2020. Volvo NA's demurrer was overruled. As such, the FAC is the operative pleading. The FAC asserts causes of action for: 1. Violation of Civil Code §1793.2(d) (against Volvo NA); 2. Violation of Civil Code § 1793.2(b) (against Volvo NA); 3. Violation of Civil Code §1793.2(a)(3) (against Volvo NA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2(a), § 1794) (against Vo...

Excerpt: ...efendants”). The Complaint asserts causes of action for: 1. Negligence; 2. Violation of Unruh Civil Rights Act (pursuant to Civil Code §§ 51 et seq.); and 3. Violation of Bane Act (pursuant to Civil Code §§ 52 et seq.). Defendants demur to the first, second, and third causes of action in the Complaint and move to strike allegations in the Complaint related to duties under Education Code sections 32228, 32228.1, and 35294.10-15; common law d...

Excerpt: ... Negligence/Negligence Per Se; and 2. Survival. On November 1, 2019, Defendant Lawrence M. Goldsmith filed a Cross-Complaint against Jacob D. Gralitzer and Roes 1 through 15. Goldsmith's Cross-Complaint asserts causes of action for: 1. Total Equitable Indemnity; 2. Comparative Equitable Indemnity; 3. Apportionment of Fault; and 4. Declaratory Relief. On December 5, 2019, Defendant Jacob D. Gralitzer filed a Cross-Complaint against Lawrence M. Gol...

Excerpt: ...nt Product Liability against Samsung – Res Ipsa Loquitur; 2. Specific Negligent Product Liability against Samsung; 3. General Negligence against Samsung – Res Ipsa Loquitur; 4. Specific Negligence against Samsung; 5. General Negligent Product Liability against Best Buy – Res Ipsa Loquitur; 6. Specific Negligent Product Liability against Best Buy; 7. General Negligence against Best Buy – Res Ipsa Loquitur; and 8. Specific Negligence agains...

Excerpt: ...Ventura Adventures Real Estate, LLC. The Complaint asserts causes of action for: 1. Fraud; 2. Conversion; 3. Breach of Fiduciary Duty; 4. Unjust Enrichment; 5. Constructive Trust; and 6. Declaratory Relief. On June 14, 2019, Defendant Ashby filed a Cross-Complaint against Plaintiffs Ramlie and Jordan as individuals and Roes 1 through 100. The Cross-Complaint asserts causes of action for: 1. Intentional Infliction of Emotional Distress; 2. Defamat...

Excerpt: ...Civil Rights Act – Civil Code §§ 51, et seq.; and 3. Violation of Bane Act – Civil Code §§ 52, et seq. Defendants now move to strike allegations in the Complaint related to communications made in connection with Plaintiff Jada's Targeted Student Safety Plan, communications regarding Plaintiff Jada's safety and status at North Torrance High School (“NHS”), and communications regarding Plaintiff Jada's inter-district permit to stay at N...

Excerpt: ...a Constitution Article XV, § 1; and 3. Unfair Business Practices under Business & Professions Code Section 17200, et seq. Defendants Investment Management Company LLC (“IMC”); Ira Jay Boren (erroneously sued as Ira Jay Boren aka Brian Boren); and Brian Boren (erroneously sued as Ira Jay Boren aka Brian Boren) (collectively referred to as “Defendants”) demur to the entire FAC and move to strike allegations in the complaint related to puni...

Excerpt: ...4. Breach of the Covenant of Good Faith and Fair Dealing; 5. Violation of California Business & Professions Code § 17200; 6. Accounting; 7. Declaratory Relief; and 8. Release of Mechanic's Lien. On May 18, 2020, Defendant Michael Hinkson (hereinafter Cross-Complainant) filed the Cross-Complaint against Alvin Lewis (hereinafter “Cross-Defendant”). The Cross-Complaint asserts causes of action for: 1. Breach of Contract; and 2. Fraudulent Misre...

Excerpt: ...onto Plaintiffs' property. Plaintiffs also claim that FATIC, who provided Plaintiffs' title insurance, acted in bad faith by improperly favoring Plaintiffs' neighbors, “Shih/Ko,” in the dispute over the alleged encroachment, LASC Case No. EC064933 entitled Romero, et al. v. Shih, et al. (the “underlying action” or “related action”), and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their proper...

Excerpt: ...Nancy Lee Roberts, Trustee of the Nancy L. Roberts Family Trust; Bank of the West, and Does 1 through 10. The Complaint asserts a single cause of action for: 1. Breach of Contract/Rescission. On September 18, 2020, the Court found that LASC Case nos. BC669201, the instant action, and 19STCVP03336 were related within the meaning of California Rules of Court, rule 3.300(a). The Court ordered BC669201 the lead case and assigned the cases to Departme...

Excerpt: ... Prospective Economic Advantage (against Great West Casualty Company); 2. Constructive Trust (against Olivo and Maalik); 3. Breach of Contract, Quantum Meruit, and Unjust Enrichment (against Maalik); 4. Breach of Fiduciary Duty (against Olivo); 5. Declaratory Relief (against Olivo and Maalik); 6. Conversion (against Olivo); 7. Fraudulent Concealment; 8. Intentional Misrepresentation; and 9. Negligent Misrepresentation. Plaintiff now moves to disq...

Excerpt: ...ecta Federal Credit Union as a party. The FAC asserts causes of action for: 1. Declaratory Judgment; 2. Judicial Recission based upon Fraud or, in the alternative, Damages for Breach of Contract; 3. Quiet Title; 4. Conversion; 5. Breach of Fiduciary Duty; 6. Fraud and Deceit; 7. Intentional Interference with Prospective Economic Advantage; 8. Infliction of Emotional Distress; 9. Elder Abuse; and 10. Accounting. Plaintiff now seeks leave to file a...

Excerpt: ... Quiet Title; 2. Reformation of Title; 3. Declaratory Relief; and 4. Breach of Contract. On July 2, 2019, Defendant Dimple L. Tyler (hereinafter “Cross-Complainant”) filed a Cross-Complaint against Mandoser Inc.; Praveen Chintapally; Rajender Reddy Gottam; Rajiv Yata; Ravi Dharanipath; Srinivas Malisetty; Varalakshmi Quyyuru; Navya Vangala; Roornachander Repuru; Rediger Investment Corp.; and Roes 1 through 50. The Cross-Complaint asserts caus...

Excerpt: ...e Discrimination [Gov. Code § 12940(a)]; 2. Harassment on the Basis of Race in Violation of FEHA [Gov. Code § 12940(j)]; 3. Retaliation for Exercising Rights under FEHA [Gov. Code § 12940(k)]; 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....

Excerpt: ...en, or Interest in the Property Described in this Complaint, Which is Adverse to Plaintiff's Title or Creates Any Cloud on Plaintiff's Title; and Does 1 through 10. The verified Complaint seeks to quiet title to property located at 39609 179th St. E, Palmdale, CA 93591 and damages for Defendants' detention of the property. On January 21, 2020, Plaintiff dismissed First Republic Mortgage, Inc. and Textbook Capital Trust without prejudice. On March...

Excerpt: ...spective Economic Advantage (against Great West Casualty Company); 2. Constructive Trust (against Olivo and Maalik); 3. Breach of Contract, Quantum Meruit, and Unjust Enrichment (against Maalik); 4. Breach of Fiduciary Duty (against Olivo); 5. Declaratory Relief (against Olivo and Maalik); 6. Conversion (against Olivo); 7. Fraudulent Concealment; 8. Intentional Misrepresentation; and 9. Negligent Misrepresentation. On August 11, 2020, Olivo filed...

Excerpt: ...Trustees of the Non-Exempt Trust created under the Kenneth R. Saunders Living Trust, dated May 1, 2009; the Kenneth R. Saunders Living Trust, dated May 1, 2009; Wilshire Escrow Inc.; and Does 1 through 100. The Complaint for Declaratory Relief was filed under request and motion to seal pursuant to California Rules of Court Rules 2.550-2.551. Plaintiffs now move for an order sealing portions of the Complaint. Legal Standard California Rules of Cou...

Excerpt: ...seq. (Unfair Competition Law). Defendant now moves to strike Plaintiffs' Complaint as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”) and for an award of attorneys' fees and costs. Legal Standard Code of Civil Procedure section 425.16 sets forth the procedure governing anti-SLAPP motions. In pertinent part, the statute provides, “A cause of action against a person arising from any act of that person in furtherance of th...

Excerpt: ...On April 16, 2018, Trojan (hereinafter “Cross-Complainant”) filed the Cross-Complaint against Western Pacific and Roes 1 through 25. On April 5, 2019, Cross-Complainant filed the Verified First Amended Cross-Complaint (“FAXC”) against Western Pacific; Avetis Avetikyan; Hovsep Hunanyan; PS Funding, Inc.; Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee to Lehman XS Trust Mortgage Pass-through Certif...

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

Excerpt: ...”). The TAC asserts causes of action for: 1. Civil Penalties pursuant to Civil Code section 1794(e) (against Hyundai Motor); 2. Civil Penalties pursuant to Civil Code section 1794(c) (against Hyundai Motor); 3. Breach of Express Warranty (against Hyundai Motor); and 4. Breach of Implied Warranty of Merchantability. On April 15, 2020, Defendant Hyundai Motor (hereinafter “Defendant”) filed a motion to disqualify Plaintiff's counsel, currentl...

Excerpt: ...sserts causes of action for: 1. Quiet Title; 2. Reformation of Title; 3. Declaratory Relief; and 4. Breach of Contract. On July 2, 2019, Defendant Dimple L. Tyler (hereinafter “Cross-Complainant”) filed a Cross- Complaint against Mandoser Inc.; Praveen Chintapally; Rajender Reddy Gottam; Rajiv Yata; Ravi Dharanipath; Srinivas Malisetty; Varalakshmi Quyyuru; Navya Vangala; Roornachander Repuru; Rediger Investment Corp.; and Roes 1 through 50. ...

Excerpt: ...e § 2698, et seq.). The cause of action alleges the following violations: a. Failing to provide all legally required meal periods, and failing o pay meal period premium pay, to Plaintiff and other aggrieved employees in violation of Labor Code §§ 226.7, 512, and 558; b. Failing to pay minimum wages for all hours worked to Plaintiff and other aggrieved employees in violation of Labor Code §§ 558, 1182.12, 1194, 1194.2, 1197, and 1198; c. Fail...