Excerpt: ...n against Defendants Moushekh Petrosian, 25920 Del Sol Road, LLC, and Does 1 through 50 pursuant to a Complaint advancing claims of (1) Promissory Estoppel, (2) Fraud and Intentional Misrepresentation, (3) Quiet Title, and (4) Deceit. A First Amended Complaint was filed on November 12, 2020 adding claims for (5) Breach of Contract and (6) Breach of Fiduciary Duty. The Plaintiffs' claims are based on allegations that they provided financing to pur...

Excerpt: ...tion of a $200,000 Deposit made by Finnegan's Wake's predecessor-in-interest in contemplation of the purchase of real property from Hero Mountain. Now before the Court is Finnegan's Wake's opposed February 16, 2023 Motion for Summary Judgment on the Complaint; or, in the Alternative, for Summary Adjudication Thereon (“Motion”), which seeks summary adjudication of the First and Second Causes of Action on the issue of refundability of the $200,...

Excerpt: ...suant to the deed of the trust. The original lender under the Note and Trust Deed was the Yoon Trust while the original borrower was Stronghold Capital, LLC. Plaintiff claims in May 2012, Plaintiff became the new borrower and owner of the Property. Based on these facts, Plaintiff brought this action, alleging claims of (1) breach of contract and (2) misrepresentation. The instant motion to quash service of summons on the First Amended Complaint (...

Excerpt: ...e to Accommodate in violation of FEHA; 5. Failure to engage in the interactive process in violation of FEHA; 6. Race discrimination in violation of FEHA; 7. Failure to prevent race discrimination in violation of FEHA; 8. Harassment in violation of FEHA; 9. Constructive discharge in violation of public policy; 10. Whistleblower retaliation in violation of labor code § 1102.5(c) Defendant now brings this Demurrer to the third, fourth, fifth, sixth...

Excerpt: ...by Plaintiff/Cross-Defendant Long Spring Freight, LLC (“Long Spring Freight”) on June 14, 2021 alleges a single cause of action for breach of written or oral contract against Defendants/Cross-Complainants Sun-Yin USA, Inc, Chen Feng, and Zhen Zhong Cao (collectively, the “Sun-Yin Parties”). The claim is premised on Sun-Yin breaching a 2006 written agreement between the parties by failing to pay Long Spring Freight special demurrage charge...

Excerpt: ...n October 12, 2022, Defendants Classic Pallets, Inc. and Juan Perez filed this instant motion for judgment on the pleadings (“JMOP”), which Plaintiff opposed on February 3, 2023 and to which Defendants replied on February 14, 2023. After review, the Court GRANTS Defendants' motion as to the Seventh Cause of Action and DENIES Defendants' motion as to the Third, Fourth, Fifth, and Sixth Causes of Action. Background Allegations This case arises ...

Excerpt: ...ME SOLD GUARANTEED REALITY INC.'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; DEFENDANTS CAROLINE KYUNG LEE, FREEMAN WANG, AND YOUR HOME SOLD GUARANTEED REALITY INC.'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT. DEMURRER AND MOTION TO STRIKE Plaintiffs Suk Young Yun and Myung Ja Yun (the “Yun Plaintiffs”) brought this action against Defendants Caroline Kyung Lee, Freeman Wang, and Your Home Sold Guaranteed Reality...

Excerpt: ...ility discrimination under the Fair Employment and Housing Act (“FEHA”), (2) failure to provide reasonable accommodation – Gov. Code § 12940(m), (3) failure to engage in interactive process – Gov. Code § 12940(n), (4) retaliation under the California Family Rights Act (“CFRA”), (5) retaliation under FEHA, (6) age discrimination under FEHA, (7) failure to prevent discrimination or retaliation – Gov. Code § 12940(k), and (8) retali...

Excerpt: ...nd, Mark Trombino, and Tracy Trombino on August 3, 2022. Plaintiff alleged 8 different causes of action: 1. Wrongful Termination 2. Failure to Pay Meal and Rest Period Compensation 3. Failure to Pay Earned Wages 4. Failure to Pay Reporting Time Wages 5. Failure to Reimburse for Necessary Expenditures Incurred During Discharge of Work Duties 6. Failure to Furnish Compliant Wage Statements 7. Waiting Time Penalties 8. Unfair Competition Defendants ...

Excerpt: ...n individual; and ROES 11-20, inclusive, Cross-Defendants. Case No.: 22STCV03339 Hearing Date: 2/15/23 Trial Date: 1/30/24 [TENTATIVE] RULING RE: Plaintiff NKSFB, LLC's Motion to: (1) Compel Defendant Wayne Kamemoto's Further Interrogatory Response; (2) Compel Defendant Wayne Kamemoto's Production of Documents; and (3) Compel Defendant Wayne Kamemoto to Comply with Plaintiff's Demand for Inspection MOVING PARTY: Plaintiff NKSFB, LLC OPPOSITION: D...

Excerpt: ...: Defendant Pyramid Investments, Inc.'s Motion for Leave to File a Cross-Complaint. Background Plaintiff Olga Banuelos alleges that she and her parents were previously joint tenants of 1805 Workman St. Los Angeles (the “Property”), that in June 2001, her parents—allegedly fraudulently—removed her as a joint tenant. As a result, and unbeknownst to Plaintiff, in 2014, when Plaintiff's father died, Ruperta Banuelos (“Ruperta”), her mothe...

Excerpt: ...yeongja Choi Background: On June 13, 2022, Sarah Dalisay and Hun B. Park brought this action against Myeongja Choi, asserting causes of action for: 1) Financial Elder Abuse 2) Breach of Fiduciary Duty 3) Fraudulent Misrepresentation 4) Unjust Enrichment 5) Cancellation of Written Instrument 6) Quiet Title 7) Imposition of Constructive Trust 8) Conversion Dalisay is the daughter of Park and has power of attorney over Park. Dalisay and Park allege ...

Excerpt: ...urrer against the Concealment claim and a Motion to Strike allegations related to (1) the concealment of an alleged defect in the Infotainment system and (2) punitive damages. Request for Judicial Notice The Court DECLINES to take Judicial Notice of the three case law exhibits presented by the Cid Plaintiffs where these are not in any way dispositive to the Court's discussion infra. Demurrer First Amended Complaint, Concealment: SUSTAINED, With L...

Excerpt: ...Witkin, Summary of California Law 10th (2005) Real Property, § 894, p. 1075.) Health & Safety Code section 25249.7 governs the enforcement of Proposition 65. Proposition 65 has both public and private enforcement mechanisms. (See Health & Safety Code, § 25249.7(c), (d).) Violations are punishable by injunction (Health & Safety Code § 24259.7(a)) and civil penalty (Health & Safety Code § 24259.7(b)). In the case of private enforcement actions,...

Excerpt: ...iction of emotional distress claims, among other claims. Land of the Free and Jose Luis Nazar's move for Summary Judgment or, in the Alternative, Summary Adjudication of the Second Amended Complaint's First to Sixth, Eighth, Eleventh to Seventeenth, and Nineteenth to Twenty-third causes of action. The Court also discusses Plaintiff Sylvia Noland's Motion to Strike Defendants' Notice of Motion and Motion of Summary Judgment or, in the Alternative,...

Excerpt: ... of Section 4 of Wage Order 7-2001 and Labor Code section 1198. On April 12, 2022, Recinos requested and obtained Dismissal of this action. A Declaration from Plaintiff's Counsel Michael D. Carr indicates the dismissal was based on the existence of a similar PAGA action against the Defendants—Murjanie Alexander v. Goodwill Industries of Southern California, et al. (19STCV42507) and his determination that this action was “clearly the weaker”...

Excerpt: ...o. 20STCV07057) pursuant to Code of Civil Procedure section 708.510—permitting the assignment to a judgment creditor of certain types of payments due to a Judgment Debtor. After review and for the following reasons, the Court GRANTS Swift Financial's Motion. Motion for Assignment of Settlement: GRANTED Legal Standard: “Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the jud...

Excerpt: ...eam, topical ointment or transdermal (“Subject Product”), which was purchased by Lujan on or about February 2, 2012. Plaintiffs allege that the Subject Product was defective at the time of its sale and was otherwise not of merchantable quality and unsafe for its intended purposes and uses and that such defective product caused the death of the Plaintiffs' son, Andrew Gallegos, and harm to Plaintiffs generally. On August 24, 2014, after crimin...

Excerpt: ...recoverable as costs when authorized by contract, statute, or law. (Cal. Rules of Court, rule 8.278 [attorney's fees recoverable as costs on appeal].) Civil Code section 1717 states in pertinent part: “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is d...

Excerpt: ... a May 12, 2022 Unlawful Detainer Action (22CHUD00401), filed during a period of COVID-19 eviction protections and under false pretenses, i.e., eviction for cause through alleged breach of lease by owning dogs on the Subject Property where the property manager was aware of the dogs' presence and abided the same since the Plaintiffs moved in to the Subject Property on May 1, 2019, and where this Underlying Action was dismissed without prejudice by...

Excerpt: ...upplied by CSS. In turn, CSS's Second Amended Cross-Complaint (“SAXC”) alleges that Johnson Solar, its owner Weiping Jing, and CACBG, Inc. are indebted to CSS in the amount of $343,869.90 for services rendered by CSS to CACBG, for which Johnson Solar and Ms. Jing are liable based on a Guarantee Payment Contract between the Parties allegedly to this effect. Johnson Solar now brings the instant opposed Demurrer against CSS's SAXC's seven causes...

Excerpt: ...hile in possession of the Plaintiff[']s vehicle, the defendant(s), left the vehicle[']s ignition key in the ignition, interior door, or trunk when the vehicle was unoccupied” and “failed to close all windows and lock all doors,” resulting in the “vehicle … [being] stolen by a third party …, causing damages [to Plaintiff] … [including] Property Damage to the vehicle in the amount of … $25,361.17,” “Graphic Repair charges of $80...

Excerpt: ...Patricia Beyer, Testan Law, and Does 1-50, as well as Nominal Defendants Jeffrey Adelson, Lilly Shiu, Kathleen L. Brundo, and TCC, pursuant to claims of (1) Breach of Fiduciary Duty, (2) Dissolution, (3) Appointment of Receiver, (4) Violations of Business and Professions Code, and (5) Declaratory Relief on the grounds that, inter alia, the Defendants have engaged in Breaches of Fiduciary Duty against Plaintiff Testan by, among other things, not a...

Excerpt: ...tanita, Inc. on the grounds that Toubian falsely represented himself as a licensed California general contractor and induced Nazmifar into investing more than a million dollars into two construction projects (the Homewood and Anita Property projects), with Toubian applying for a number of permits for these projects under false pretenses, and representing that after completion and sale (with the Anita Property already being sold), both projects wo...

Excerpt: ...or ambulance assistance after … [Plaintiff Pettaway was involved in a] collision on 6-7-19,” thus constituting “gross negligence,” and causing Pettaway damages, including “lack of immediate medical attention … [nearly] causing a … stroke,” “deep vein thrombosis, blood clots and tachycardia”; (2) Geico owes Plaintiff Pettaway $560,000 under a theory of Common Counts because Geico engaged in a “bad faith investigation from 6-1...

Excerpt: ...egations that, inter alia, Geico, in bad faith, denied an automobile theft claim concerning a Toyota Tacoma and items within it alleged to have being stolen on March 15, 2019 (the Tacoma being recovered on October 18, 2019). Plaintiffs' Geico insurance policy covered vehicle theft, but Geico, rather than compensate the Plaintiffs for their losses, instead launched an investigation into the theft, demanding Plaintiffs, among other things, submit t...

Excerpt: ...fendant Russell Levert Greene and Does 1-25 (Greene's unknown employers) pursuant to claims of (1) Civil Extortion & Attempted Civil Extortion, (2) Assault & Battery, (3) Intentional Infliction of Emotional Distress (“IIED”), and (4) Respondeat Superior based on allegations that Defendant Greene physically battered and assaulted Plaintiff Grainger in order extort a letter from Grainger apologizing to a woman (“Jane Doe”) who accused Grain...

Excerpt: .... The latter claims are instead STAYED pending the outcome of arbitration proceedings on Plaintiff Warner's individual claims against King's and pending the outcome of the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. Request for Judicial Notice The Court DECLINES to take Judicial Notice of (1) three unrelated grants of Motions to Compel Arbitration in favor of King's in this Superior Court and in the San Diego Superior...

Excerpt: ...) with a premature departure on February 6, 2019. Plaintiff alleges $59,077.32 in lost profits, lost rents, cleaning costs, and other incidental damages. Before the Court is Plaintiff's August 11, 2022 Motion to Deem Requests for Admission Admitted and/or for Terminating Sanctions against Defendants failed to provide responses to Plaintiff's December 14, 2021 Requests for Admission, Set One, despite a Stipulation between the parties, entered by t...

Excerpt: ...are Center, JRJS, LLC, Chango Club Inc., Jafar Rashid, Vikram Sood, Vibha Patel, Sanjiv Patel, Lorraine Lugo, Mohammed Khalid, and Zahid Butt (“Defendants”) allegedly failed to stop production of Plaintiffs' products after their contractual arrangement ended. Plaintiffs filed their Complaint, alleging the following causes of action: (1) Statutory trademark infringement/counterfeiting; (2) Dilution of famous mark; (3) Common law trademark infr...

Excerpt: ...lege: 1. Breach of (December 2015) Agreement 2. Breach of (July 2017) Agreement 3. Breach of Implied Covenant of Good Faith and Fair Dealing 4. Negligent Misrepresentation 5. Fraud 6. Violation of California Corporations Code §§ 25400; 25401, et seq. 7. Violation of California Corporations Code § 25504, et seq. Only Defendants Solomon and Cinelou Holdings, LLC (together here as “Defendants” or “Movants”) demurrer. Defendants' Request f...

Excerpt: ...r repair of electrical, infotainment, fuel injection system, emissions system, engine, and other serious defects, and to date, the electrical, infotainment, and fuel injection defects remain unrepaired. Plaintiffs allege three causes of action: (1) Breach of Express Warranty, (2) Breach of Implied Warranty, and (3) Violation of the Song-Beverly Act section 1793.2(b). Procedural Background: On April 4, 2022, Plaintiffs filed a complaint against De...

Excerpt: ...ng punitive damages. After review, the Court DENIES the Motion because Plaintiffs have not shown a substantial probability they will prevail on their claims for punitive damages. Background Allegations Plaintiffs reside in a building located at 1421-1425 ½ Courtland Ave., Los Angeles, California (the “Property”). The Property used to be owned by Defendant Miguel Castaneda. However, Mr. Castaneda lost the property in foreclosure on or about M...

Excerpt: ...Amended Complaint” or “TAC”) alleging 14 causes of action. Generally, the TAC alleges Defendant Juvenal Alejandro Farias (“Defendant Farias”) sold Plaintiff a non-legitimate 2015 Lexus vehicle (an “RC F”), induced by Farias' guarantee that the car had “[n]o issues, no problems” (TAC, ¶¶10-14); that Plaintiff entered a written contract with Mercury for automobile insurance providing full/comprehensive coverage; and that the cov...

Excerpt: ...ed only as to the latter two of the three causes of action pleaded therein, i.e., anti-SLAPP granted as to Vicarious Liability and Negligent Supervision of Defendant Madysun Jaques, but not Defamation claim. The Court GRANTS, in Part, Attorney's Fees and Costs in the amount of $52,701.65, comprised of (1) $43,825 in reasonable attorney's fees and $1,063.50 in reasonable costs associated with Defense Counsel's work on the anti-SLAPP Motion and (2)...

Excerpt: ... Swift Financial pursuant to Code of Civil Procedure section 708.510—permitting the assignment to a judgment creditor of certain types of payments due to a judgment debtor. Motion for Assignment of Settlement: GRANTED, Conditionally Legal Standard: “Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver … al...

Excerpt: ...r about January 7, 2022, Yin and Li were both employed by Riviera Health Spa at 3601 Lomita Blvd, Torrance, CA 90505, where employees take turns preparing work schedules for their fellow employees. On or about January 7, 2022, while on Riviera Health Spa premises, Li “harshly criticized and blamed [Plaintiff Yin] [for the way Yin prepared] the work schedule.” Further, Yin alleges that Defendant Li “said really bad words in Korean to Plainti...

Excerpt: ...1-20 for: (1) Discrimination in Violation of the Fair Employment and Housing Act, (3) Failure to Prevent FEHA Discrimination and Harassment, and (4) Retaliation in Violation of FEHA. The Complaint's Second cause of action alleges (2) Harassment in Violation of FEHA against the City of Long Beach, as well as Defendants Mortenson, Foster, Golz, Zapalski, Hynes and Does 1-20, for individual acts of based on his race harassment—Denmion is an Africa...

Excerpt: ...es of action. Yun is tied to all 13 causes of action via alter ego allegations rather than conduct he himself engaged in. Because the Complaint's causes of action fail to sufficiently plead that Defendant Yun either directly employed Navarro or that Yun is indirectly liable (either by statute or alter ego liability) for Plaintiff Navarro's alleged FEHA and Labor Code injuries, the Court SUSTAINS Yun's Demurrer. Allegation Summary In March 2019, N...

Excerpt: ...through fraudulent misrepresentations, in violation of written and verbal contractual agreements between the parties, and without compensation to Plaintiffs. On October 21, 2021, Defendants filed demurrer to all five causes of action in the Plaintiffs First Amended Complaint (“FAC”) on grounds of uncertainty and lack of sufficiency in pleading. The Court overruled this demurrer in full on April 19, 2022 and ordered Defendants to Answer within...

Excerpt: ...es raised by Supra in its Answer to FBA's First Amended Complaint, (2) an unopposed Demurrer to Supra's Cross-Complaint's Five causes of action, and (3) an unopposed Motion to Strike attorney's fees allegations and prayers from the Supra Cross-Complaint. The Court (1) SUSTAINS, With Leave to Amend, FBA's Demurrer to the Supra Answer for insufficient pleading, (2) SUSTAINS, With Leave to Amend, FBA's Demurrer to the Supra Cross-Complaint's Five ca...

Excerpt: ...wful Detainer Action” and “Stipulated Judgment”)—engaged in conduct amounting to various habitability, FEHA, and Labor Code violations against Plaintiff Mejia. Defendants Carol Singleton and Beverly Alexander now bring this Motion for Judgment on the Pleadings, challenging all fourteen causes of action on the grounds that the claims are barred under the principles of (1) forfeiture of employee and tenant rights by Mejia pursuant to a Stip...

Excerpt: ...so and Industrial now bring this opposed Demurrer to the Complaint's two Breach of Contract and single Breach of Implied Covenant of Good Faith, Conversion, and Fraud claims, as well as an opposed Motion to Strike the Complaint's attorney's fees, Business and Professions Code penalties, and Labor Code penalties allegations. For the following reasons, the Court (1) SUSTAINS, With Leave, the Demurrer as to the two Breach of Contract claims and the ...

Excerpt: ...orked to ingratiate himself with the elderly Mr. Cummings and, after having gained Mr. Cummings's trust, convinced Mr. Cummings to sign instruments to enter a series of real estate transactions that included selling Cummings's residential properties, purchasing new residential properties, and renting out the new properties to tenants. Defendant Lee thereafter leveraged these instruments to convey portions of Mr. Cummings's estate to himself or ot...

Excerpt: ... ($400 per hour times 35.5 hours) and costs in the amount of $2,317.08 in relation to the anti-SLAPP motion, which the Court GRANTS in full. Background This action involved a law firm's allegations that two former employees (one an attorney) and their new employer sought to and did “steal” several of the law firm's clients, resulting in lost profit damages to the law firm. Plaintiff JT Legal alleged that it hired Defendant Maaz (an attorney) ...

Excerpt: ... On May 12, 2022, Adobe accepted Offers to Compromise pursuant to Code of Civil Procedure section 998, awarding each Plaintiff $10,500 and deeming Plaintiffs the prevailing parties. Plaintiffs now request Attorney's Fees and Costs: they seek $61,321 attorneys' fees (plus an enhancement) and $902.58 in costs. After reviewing of the papers and submitted evidence, the Court GRANTS Attorney's Fees and Costs, for a total recovery of $30,865.08, i.e., ...

Excerpt: ...e, Torrance, CA 90505 (“Subject Premises”). These conditions include(d): cockroach and rodent infestations; lack of adequate control of infestations; resulting health problems to tenants; water leaks and intrusion; toxic mold causing mold spores to float in the air and be inhaled by plaintiffs; holes and cracks in the ceilings and/or interior walls; damaged and deteriorated carpeting/flooring; inoperable heating; lack of air conditioning; lac...

Excerpt: ...to Mr. Lopez. On February 23, 2022, Plaintiff filed suit alleging that he was unable to register his 2008 Lexus LS 600 Hybrid Sedan with the DMV due to his ethnicity, religious belief, gender, and parental status, and further alleging that the DMV colluded with law enforcement agencies to cite him with invalid infractions and harass Mr. Lopez when he was driving his vehicle without valid registration. The DMV and Director Gordon now bring this op...

Excerpt: ... continuances on the matter, Defendant served a Notice of Taking Deposition on April 27, 2022, compelling Smith's attendance at that time but which Plaintiff Smith failed to attend or reschedule. Defendant now brings the instant and unopposed Motion to Compel Deposition of Smith, seeking a Court Order compelling Smith's attendance at deposition. After a review of the moving papers and evidence, the Court GRANTS the Motion to Compel Deposition bec...

Excerpt: ... of action for discrimination and hostile work environment [harassment] are made before proceeding on the causes of action for failure to prevent (discrimination and/or hostile work environment) and declaratory relief.” Because (1) bifurcation will not promote judicial economy in this action as evidence and witnesses relevant to the proposed phases of trial largely overlap and (2) LBPD provided insufficient evidence to support its confusion of ...