Excerpt: ...h of implied contract, (3) breach of the implied covenant of good faith and fair dealing, (4) violation of Labor Code sections 201 and 203, and (5) unfair competition. Following a two-phase court trial, on April 17, 2018, the Court granted judgment in favor of plaintiffs in the sum of $88,594.65. On April 24, 2018, plaintiffs filed this opposed motion to recover a total of $519,746.40 in fees and costs. The Court considered the moving, opposition...

Excerpt: ....A. Ibid. The DOT's beneficiary was Mortgage Electronic Registration Systems, Inc. (MERS). Ibid. On December 30, 2009, and May 16, 2011, MERS recorded a Corporation Assignment Deed of Trust, transferring all beneficial interest to defendant Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust <00480055004c0048005600 0003000b002500320031[Y). Id. at ¶ 12. Sometime thereafte...

Excerpt: ... Court (Judge Kalin) sustained Hoag and Nanci's demurrers without leave. On December 18, 2017, defendants filed and served a notice of ruling. On January 18, 2018, the Court (Judge Kalin) entered a formal order and judgment of dismissal in defendants' favor. On January 30, 2018, the Court denied plaintiff's motion for a new trial. On February 28, 2018, the Court denied plaintiff's motion to accept late-filed evidence. On March 12, 2018, the Court...

Excerpt: ...tric began. Defendants allegedly failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represen...

Excerpt: ...information that this occurred. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired documents is GRANTED. CCP 2031.300(b). Verified responses are ordered by the discovery cutoff, as requested. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired interrogatories is GR...

Excerpt: ...s. The Court intends to order the deposition to occur as noticed on May 16, 2018, unless counsel suggest another more convenient (and reasonably prompt) date at the hearing. Moving party to give notice. ...

Excerpt: ...omplaint asserting 14 causes of action. On August 8, 2017, Ayala filed a cross-complaint, and on October 5, 2017, the operative first amended cross- complaint, for (1) intentional infliction of emotional distress, (2) breach of contract, (3) nuisance, (4) conspiracy to defraud, (5) slander, and (6) vandalism. On April 13, 2018, cross-defendant Stagnitta (hereinafter cross-defendant) filed this unopposed demurrer for insufficient facts. Cross-defe...

Excerpt: ...ntiff suffered a stroke, leaving him with permanent weakness on his left side and lymphedema in both legs. From October 6, 2015, to September 30, 2016, plaintiff depended on defendant for all medical care and treatment and protection from health and safety hazards. On July 26, 2016, plaintiff was recertified for care by defendant. He was 90-percent wheelchair-bound. From August through mid-late September, defendant's nurse noted a toe wound. On S...

Excerpt: ...t, and on February 20, 2018, the operative first amended complaint, for (1) involuntary dissolution of Coastal LB Associates, LLC; (2) involuntary dissolution of Clary Associates, LLC; (3) involuntary dissolution of Obispo Associates, LLC; and (4) partition. On January 2, 2018, Department 1 of the Court ruled that this case was not related to an ongoing probate matter (16STPB00645). On March 22, 2018, defendants (other than Arlene Cheng) filed th...

Excerpt: ...o, Sr., trustor of the Guerrero Family Trust. Plaintiff Christopher Corrales, a grandson of Henry R. Guerrero, Sr., is the successor trustee of the Trust. The remaining plaintiffs are beneficiaries of the Trust. The factual background as alleged in the complaint is generally as follows: Henry Sr. created the Trust in 2004 primarily to allow his children and grandchildren reside at a house located on Opal Street in Los Angeles (the Opal Street Res...

Excerpt: ...lth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice of...

Excerpt: ...et‐and‐confer process; and a premature filing of this motion before a date when further responses from plaintiff were <0102016f016f01c7000301 0003011a0102019a011e>), with an extension to file this motion provided by plaintiff. Defendants' April 5, 2018 motion states the following account of the meet‐and‐confer process, which is critically incomplete: “Plaintiff's Counsel responded in a letter dated March 13, 2018 promising supplemental ...

Excerpt: ...the purchase and sever her joint tenancy ownership interest after the purchase was completed. Defendant reiterated her agreement, but no formal steps were taken. On January 3, 2016, husband died. In April 2016, plaintiff requested defendant execute appropriate documents to sever the joint tenancy but defendant refused. Plaintiff and her husband paid the mortgage, insurance premiums, and property taxes. There is no allegation of a particular damag...

Excerpt: ...ealth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice ...

Excerpt: ...n June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On November 1, 2017, Advanced filed a demurrer to the sixth cause of action for IIED and a motion to strike the prayer for punitive damages and related allegations. On January 11, 2018, this Court (Judge Kalin) sustained the demurrer, granted the motion to strike, and allowed plaintiff to file an amended complaint. On February 1, 2018, plaintiff filed the operative first ...

Excerpt: ...LLC (“Ridec”), Advanced Funding Solutions, Inc. (“AFS”), and FCI Lender Services Inc. (“FCI”). According to the allegations, defendants fraudulently induced Plaintiffs into a predatory loan, knowing that Plaintiffs would not be able to afford the monthly payments of $5,031.99. In the verified First Amended Complaint, Plaintiffs allege eight causes of action against all defendants for: 1) Finanical Elder Abuse, 2) Constructive Fraud; 3...

Excerpt: ...just enrichment, (8) quantum meruit, (9) negligent misrepresentations, and (10) declaratory relief. On March 19, 2018, Beats and Apple (collectively, Beats) filed this unopposed anti-SLAPP motion. The Court considered the moving and reply papers, and rules as follows. (The reply correctly states that the motion is unopposed. Around the time it completed work on the tentative ruling, the Court received a late-filed “objection” by plaintiff, fi...

Excerpt: ...ssness, loss of sleep, nightmares, and stress,” along with an increase in physical ailments during her employment. On March 23, 2018, plaintiff filed this opposed motion to quash four subpoenas duces tecum issued to her health care providers. Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of ...

Excerpt: ...nt services such as installation of a solar power system, re-roofing of garage, sewer installation, and construction of guest house. The services were to be financed with loans through the PACE and HERO program with Renovate America and YGrene Energy. Plaintiffs allege that Best Solar and its employees made misrepresentations about funding for the services, performed services without a license, and related claims. On October 30, 2017, plaintiffs ...

Excerpt: ..., and Grochowiak failed to sell the watch by the date certain but refused to return the watch to Kaplan, instead purportedly selling the watch to Wong for an unknown sum. Grochowiak also failed to return other watches and accessories that Kaplan had entrusted to him. On September 27, 2016, Kaplan filed a complaint, and on February 14, 2017, the operative first amended complaint for two counts of conversion, two counts of replevin, two counts of f...

Excerpt: ...l Code section 71, which prohibits lease terms in excess of 99 years. On January 25, 2018, plaintiff filed a complaint for (1) declaratory relief and cancellation of written instrument, (2) declaratory relief and cancellation of written instrument, and (3) quiet title. On March 27, 2018, defendant filed this opposed demurrer for insufficient facts. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Murphy Decl. ¶ 2...

Excerpt: ...ed behavioral issues in school including struggling to follow classroom rules, getting along with peers, regulating his emotions, and handling authority figures. Plaintiff's teacher and parent reported plaintiff's behavioral issues. By January 2014, plaintiff had received 14 days' suspension instead of accommodations or behavioral support. Instead of officially suspending plaintiff, school staff routinely called plaintiff's mother, averaging four...

Excerpt: ...ms. Plaintiffs allege that on August 1, 2011, the parties entered into a music management agreement. Plaintiffs were to receive 50 percent of Perlman's commissions. Plaintiffs promoted Sabrina, obtained a record deal, and secured her a television role. On August 6, 2014, plaintiffs' services were terminated without cause. The same day, the parties entered into a termination and release agreement. Defendants were to pay plaintiffs commissions on t...

Excerpt: ... records that were used to support the filing of false insurance claims to Allstate. On October 28, 2013, Allstate filed a complaint asserting a sole cause of action for unfair competition. On June 10, 2014, the Court (Judge Duffy-Lewis) entered an order of dismissal after sustaining defendants' demurrer without leave. The Court of Appeal reversed. On April 8, 2016, Allstatefiled the operative first amended complaint also asserting a sole cause o...

Excerpt: ...equirements. The notice of motion and motion, declarations, and proposed order are on the appropriate Judicial Council forms and addressed to the client. CRC, rule 3.1362(a), (c), (e). The attached proofs of service state that counsel served all the documents on the client via U.S. mail and personally, and on defendants via U.S. mail. Counsel's declaration states that counsel personally served the client. Therefore, service was proper. CRC, rule ...