Excerpt: ...and on April 10, 2018, the operative first amended complaint asserting 22 causes of action for various FEHA violations, whistleblower retaliation, wrongful termination, wage and hour law violations, breach of contract, fraud, infliction of emotional distress, interference, and unfair competition. On March 9, 2018, defendants filed this opposed motion to disqualify plaintiff's counsel, Nicholas Allis of Law Offices of Nicholas R. Allis and James E...

Excerpt: ...ch 23, 2015, default was entered against Salz. On March 15, 2017, the Court ordered the property sold by a receiver and issued related orders. At an overbid hearing, the property sold for $1,101,448.50. On April 11, 2018, the Court entered an interlocutory judgment of partition by sale, including apportionment of certain costs. On March 27, 2018, the receiver filed this unopposed motion for an order approving the receiver's final report and accou...

Excerpt: ...termination in violation of public policy, (2) slander (against Talamantez), (3) slander (against Monroe), and (4) civil conspiracy. On March 19, 2018, defendants filed this opposed motion for judgment on the pleadings as to the purported fourth cause of action. The Court considered the moving, opposition, and reply papers, and rules as follows. Motion for Judgement on the Pleadings Standard A defendant may file a motion for judgment on the plead...

Excerpt: ...t only as to whether it must be produced under discovery standards. The Court understands that the setting of a reserve amount is necessarily an admission of liability, and thus it is easy to construct a situation where a reserve amount would not be relevant at trial, where it would be tantamount to speculative evidence, or where it would be unfairly prejudicial at trial. Nevertheless, California case law supports the production of reserves infor...

Excerpt: ...ts <0048005100570003005700 00560053004c00570044[l complaining of high fever and shaking. On July 25 and 26, 2014, several tests including a CT scan were conducted, which revealed a digestive tract blockage, focal mass in plaintiff's liver's left lobe with uncertain etiology, and splenosis or spleen tissue in plaintiff's abdomen. Radiology reports indicated the possibly that the liver lesion resulted from the splenosis. In 1968, plaintiff was inju...

Excerpt: ...aintiff 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...

Excerpt: ...ember 23, 2014 meeting at Yalamanchili's Arcadia office, they and Yalamanchili deliberately represented to plaintiff that the property sat on 12.5 acres, but it actually sat on only 10. They also misrepresented that the property would generate $2.7 million in revenue annually. Yalamanchili foreclosed on the prior owner and had a plan to foreclose on plaintiff when plaintiff would be unable to generate sufficient income to pay the mortgage. On Sep...

Excerpt: ...s, and physically attacked him. On November 14, 2017, plaintiff filed a complaint and on January 3, 2018, the operative first amended complaint for (1) battery, (2) intentional infliction of emotional distress, (3) negligence, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) concealment, (7) breach of fiduciary duty, (8) abuse of control, (9) corporate waste, (10) breach of contract, (11) common count: goods and services re...

Excerpt: ...er 25, 2017, the Court (Judge Oldendorf) denied it without prejudice on numerous grounds: plaintiff again failed to tab its exhibits despite having been admonished over a year ago; plaintiff provided insufficient information for the Court to perform a required lodestar analysis; attorney Friedman's rate was plainly excessive; there was no competent evidence of fees incurred by the Scali firm; no part of plaintiff's papers identified the total num...

Excerpt: ...ract, (2) breach of fiduciary duty, and (3) accounting. The first round of defendant's default occurred in 2016. On February 22, 2016, default was <000f00030057004b004800 00510057004800550048[d default judgment against defendant. On August 22, 2016, the Court granted defendant's ex parte application to set aside default judgment. On October 17, 2016, the Court denied plaintiff's motion for reconsideration of the order setting aside the default ju...

Excerpt: ... defendants filed a cross-complaint for indemnity against Hydrouip Pump and Dewatering Corp, and Paymon Pojhan. On October 23, 2017, plaintiffs substituted Padilla's Company, Inc. for Doe 1. On December 18, 2017, the Court (Judge Kalin) granted plaintiffs' motion for leave to file a first amended complaint. On December 19, 2017, plaintiffs filed the operative first amended complaint for (1) trespass, (2) nuisance, (3) negligence, and (4) strict l...

Excerpt: ...d them for four years and that the other defendants failed to prevent or adequately respond. Alvarez alleges that Patino pulled her bra strap, touched her upper leg, touched her upper thigh pretextually to retrieve a piece of scrap paper, and gave her unwanted hugs. Ciorlieri alleges that she saw Patino take photos “up the skirts” of female bookstore patrons, referred to sexual ejaculation, imitated a vagina with his lips, gave her inappropri...

Excerpt: ...ce and invoking their rights to a clean and safe home by refusing to accept rent and attempting to evict them. Individual defendants Donel and Kohansameh are owners, officers, or such of corporate defendant Sunset Equity. On January 17, 2014, plaintiffs filed a complaint and on November 20, 2014, the operative first amended complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of ...

Excerpt: ...fiduciary duty, fraud, and misappropriation. On January 25, 2017, Plotkin substituted Ricardo Guizar for Doe 1. Also on January 25, 2017, Papanikolaou, individually, filed a cross-complaint against Plotkin for breach of contract, assault and battery, and conversion. On May 23, 2017, plaintiff, after two unsuccessful attempts, obtained default against Twilight Cinema, Inc., Santa Monica Postal Place, Inc. (as a corporation), and Santa Monica Posta...

Excerpt: ... as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...

Excerpt: ...tions that it was plaintiffs that breached the indemnity agreement and that their attorney in the underlying lawsuit (Rothstein) failed to disclose a conflict of interest. Plaintiffs' Allegations Plaintiffs alleges that on March 4, 2013, they agreed in writing to defend and indemnify Beach Business Bank in litigation pending in Riverside County, Case No. RIC1301304. Beach subsequently merged with Banc of California, Inc. Plaintiffs paid attorneys...

Excerpt: ... as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...

Excerpt: ..., default was <0048004900440058004f00 00570048005500480047> against Salz. On April 16, 2015, plaintiff filed a notice of automatic stay caused by a filing in another court. On January 7, 2016, Kelly filed a notice of termination of stay, indicating that the Bankruptcy Court for the Southern District of Texas lifted the automatic stay. On January 22, 2016, Kelly filed a notice of stay caused by Rashad's filing for bankruptcy in the Bankruptcy Cour...

Excerpt: ... violation, (2) unfair competition, (3) fraudulent misrepresentation, (4) negligent misrepresentation, and (5) Song- Beverly Consumer Warranty Act violation. On January 25, 2018, Hyundai filed this opposed demurrer for insufficient facts and uncertainty, and this unopposed motion to strike the prayer for punitive damages and related allegations. Defendant's counsel submitted a compliant meet and confer declaration. CCP § 430.41; Tahsildoost Decl...

Excerpt: ...rties. On June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On January 19, 2017, plaintiff filed these opposed motions to quash deposition subpoenas served on his subsequent employers, third parties Spectrum King LED and Growcetnia, Inc. Neither side requests sanctions. The Court considered the moving and opposition papers, and rules as follows. Motion to Quash Standard When a subpoena requires the attendance of a witness ...

Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...

Excerpt: ... of judicial resources if heard by different judges.” CRC, rule 3.300(a)(1)-(4). Defendant Fakheri identifies the first, second, and fourth factors as applicable. Defendant filed a notice of related case as to (1) LASC Case No. BC685560, which is pending in the Stanley Mosk Courthouse, Department 34, Judge Linfield presiding, and (2) LASC Case No. BC659534, which is pending in the Stanley Mosk Courthouse, Department 47, Judge Hammock presiding....

Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...

Excerpt: ...K's CEO and CFO) for wage and hour law violations, defamation, and related claims. SBK's Allegations SBK alleges that it is an investment company that invests in, among other things, aircrafts and real property. From December 2013 to July 2016, Sargsyan was plaintiff's president. On September 30, 2015, Sargsyan formed Regdalin Aviation without informing SBK and remains Regdalin's managing member. Sargsyan received business opportunities that he i...

Excerpt: ...tory and nine document requests at issue. Plaintiff responded with an objection that discovery had closed. Special interrogatory No. 1 asks the plaintiff to identify her former employers since November 2014 and answer a dozen questions about them, including title, location, compensation, and other questions. The nine requests for production seek documents about her employment, performance, and compensation. The Court is not convinced by plaintiff...