Excerpt: ...t. Plaintiff alleges that his second mortgage was reassigned so many times and so rapidly that he was confused about the identity of the mortgage holder. On or about September 8, 2017, 2nd Chance purchased the property at a foreclosure auction. On November 13, 2017, plaintiff filed a complaint for (1) negligence, (2) negligent infliction of emotional distress, (3) breach of contract, and (4) breach of covenant of good faith and fair dealing. On M...

Excerpt: ...is brother Luca Dotti, Hepburn's two children, own Hepburn's memorabilia (Hepburn IP) and licensed it to Fund. Ferrer interfered with Fund's fundraising efforts by attempting to terminate its license to use the Hepburn IP to support is fundraising efforts, taking control of Fund's website's domain name, attempting to have fashion designer Givenchy falsify a letter concerning a donation to Fund, and taking control of certain Hepburn IP that was to...

Excerpt: ...y and their failure to inform plaintiff that she was “buying a lawsuit.” Allegations: From May through September 2005, plaintiff negotiated to purchase an apartment complex (the Gibraltar property) from third party David Behrend. In August 2005, Behrend told plaintiff's real estate agent that he would take care of title insurance. Behrend had defendants name plaintiff as an insured. Provident prepared the policy, and Stewart issued it. FAC ¶...

Excerpt: ...l 10, 2017. Wang and Shieh are ex‐ spouses. The complaint alleges Vitech produces fish food (Vita‐M Fac 2000) in the United States, which it previously shipped to various entities controlled by Wang in China. Wang's companies then repackage the product and sell it throughout China. The complaint alleges that Vitech learned Wang was diluting the fish food with soymeal before selling it further, thereby decreasing the amount she needed to purch...

Excerpt: ... provides industrial safety services for piping and other metal conduits. Mistras has an office in Signal Hill, which a general manager runs. The GM is responsible for, among other things, developing promising technicians and maintaining Mistras' business relationships. In 2014, Mistras hired Baird as GM, Peterson as radiography services manager, and Medina as a radiation safety officer. Baird, Peterson, and Medina agreed to certain terms contain...

Excerpt: ...industrial safety services for piping and other metal conduits. Mistras has an office in Signal Hill, which a general manager runs. The GM is responsible for, among other things, developing promising technicians and maintaining Mistras' business relationships. In 2014, Mistras hired Baird as GM, Peterson as radiography services manager, and Medina as a radiation safety officer. Baird, Peterson, and Medina agreed to certain terms contained in Mist...

Excerpt: ... Court considered the moving, opposition, and reply papers, and rules as follows. Request for Judicial Notice: Plaintiff's request for judicial notice of an unreported U.S. District Court case is DENIED as superfluous. Plaintiff need only cite it. Further, plaintiff failed to tab the exhibit. See below. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or p...

Excerpt: ...es that on April 30, 2015, Gill filed a complaint against Angel and later substituted in Ara. The underlying action's complaint alleged that on December 18, 2014, the Perezes' dog bit Gill's client Sandra Mims, that the Perezes knew or should have known that their dog had a propensity for biting humans, and that the Perezes failed to exercise reasonable care. Whether the following allegations were pled in the underlying complaint or are being sta...

Excerpt: ...2017, plaintiff filed a complaint for (1) sexual harassment, (2) retaliation, (3) sex / gender discrimination, (4) failure to prevent, (5) wrongful constructive termination based on sex / gender, and (6) wrongful constructive termination in violation of public policy. On January 5, 2018, Cardenas filed this opposed motion to compel arbitration. The Court considered the moving, opposition, and reply papers, and rules as follows. Evidentiary Object...

Excerpt: ...January 30, 2015, she fell on a table in Quest's warehouse and suffered a work‐related injury. She retained a workers' compensation attorney and filed a claim. Just prior to the injury, defendants told plaintiff she was doing a good job and after the injury, plaintiff was working just fine while recovering. Then, on February 12, 2015, immediately after reporting the injury to defendants, she was terminated. Defendants did not discuss or interac...

Excerpt: ...ibiant Beverly Hills, LLC, True North Equity, LLC, R Lane Associates, Inc., and Qual‐Pro Corporation for injunctive relief, an accounting, rescission, dissolution, and damages based alleged misappropriation and related claims. Defendants then sued plaintiff PS, its owner and/or CEO C. Don Feak, III, and their attorney Wen Winny Yang, for declaratory relief and damages based on allegations that PS breached its contractual obligations, and that p...

Excerpt: ...intiff substituted counsel. Then, on January 23, 2018, plaintiff's counsel, Glenn E. Stern and Matthew P. Malczynski, filed this unopposed motion to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis: The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, r...

Excerpt: ...escinding a written contract based on allegations of a protracted attorney‐client fees dispute. Plaintiffs allege that Horn conducted unnecessary discovery and failed to comply with orders issued in the underlying case including failure to serve and lodge a compliant long cause trial binder. The parties arbitrated their fee dispute in LACBA's attorney‐client mediation and arbitration forum. Plaintiffs sought to recover about $648,000. On Octo...

Excerpt: ...s, and attorneys' fees for a total of $441,982.55. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a mon...

Excerpt: ...intiff substituted counsel. Then, on January 23, 2018, plaintiff's counsel, Glenn E. Stern and Matthew P. Malczynski, filed this unopposed motion to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis: The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, r...

Excerpt: ...omplaint and on October 25, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) retaliation, and (4) failure to prevent. On November 29, 2017, defendants filed this opposed demurrer to the second cause of action for insufficient facts and uncertainty. Defendants' counsel filed a compliant meet and confer declaration. CCP § 430.41; Backlar Decl. ¶¶ 3‐4, Exhs A‐B. If the demurrer is sustained, plaintiff �...

Excerpt: ...egations that they terminated his employment because of his age and sexual orientation, violated certain wage and hour laws, breached a bonus agreement, and fraudulently induced plaintiff into the bonus agreement. On May 8, 2017, plaintiff filed a complaint and on November 7, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) failure to prevent discrimination and harassment, (4) retaliation, (5) violation of L...

Excerpt: ...October 3, 2017, plaintiffs filed a complaint for (1) age discrimination, (2) retaliation, (3) failure to prevent discrimination and retaliation, and (4) intentional infliction of emotional distress. Analysis: Here, defendant proffers evidence of written arbitration agreements contained in each plaintiff's “full‐time health professional services contract.” Exhs. 3, 5. There is no dispute that the parties entered into the agreements or that ...

Excerpt: ...es entered into an agreement (the Framework Distribution Agreement) whereby defendants would be plaintiff's exclusive distributor of plaintiff's animal feed product for delivery to plaintiff's Chinese customers. Complaint ¶¶ 10, 23. The agreement was written in Chinese. Complaint ¶ 23, Exh. 1. Defendants, however, sold a counterfeit version of plaintiff's product and kept the sales proceeds for themselves. Complaint ¶¶ 25, 26, 35. In 2015, p...

Excerpt: ...rtious breach of insurance contract, and (3) breach of implied covenant of good faith and fair dealing. On November 17, 2017, defendant filed these two unopposed motions to compel further responses to an RFA and related form interrogatory No. 17.1, and requests for sanctions. Analysis: Defendant reserved hearings for motions to compel initial responses, not further responses. This defect is significant because the Court had allocated more time to...

Excerpt: ...HSNO), the forensic accounting firm that Federal retained to assist it in adjusting Lewis Brisbois' business income loss claim. Standard: “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or p...

Excerpt: ... termination in violation of public policy. On November 20, 2017, defendant filed this opposed motion to compel further responses to special interrogatories and request for sanctions. Analysis: No. 34 – GRANTED. Plaintiff must unequivocally identify the information sought regardless of whether he “has not earned income to replace the income he lost ….” Plaintiff's qualified response is inadequate. No. 35 – GRANTED. Same reason as above....

Excerpt: ...ys' fees, and costs. Procedural Requirements: On May 23, 2017, default was entered against Nagui and June and Jaq; on June 2, 2017, default was entered against Ruanto, and no pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 10 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The...

Excerpt: ...filed a complaint for (1) common counts, (2) common counts, (3) breach of contract, and (4) intentional tort (unfair competition.) On November 16, 2017, plaintiffs filed this opposed motion to compel Friedman's deposition. Both sides request sanctions. Failure to Tab Exhibits: Plaintiffs' counsel should note: “Each exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearin...

Excerpt: ...venant of good faith and fair dealing, (4) tortious interference with economic relations, (5) intentional interference with prospective economic advantage, (6) breach of fiduciary duty, (7) breach of duty of loyalty, (8) misappropriation of trade secrets, and (9) unfair business practices. On November 15, 2017, the Court entered an order upon stipulation enjoining Webber from certain conduct related to Versa's trade secrets. On November 14, 2017,...

Excerpt: ...November 7, 2017, defendants' counsel filed these two unopposed motions to be relieved as counsel. On January 12, 2018, they filed amended declarations. Analysis: The motions satisfy the procedural requirements. The notices of motion and motions, declarations, and proposed orders are directed to the clients and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the clients and confirmed their address...

Excerpt: ... bonus agreement, and fraudulently induced plaintiff into the bonus agreement. Ron Burkman and Dennis Hamm owned PSSI until shortly before plaintiff's termination. DEM 1:5‐6. On May 8, 2017, plaintiff filed a complaint and on November 7, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) failure to prevent discrimination and harassment, (4) retaliation, (5) violation of Labor Code sections 201, 203, 226.7, 5...

Excerpt: ...for wage and hour law violations and a cause of action for unfair business practices. Plaintiff asserts only the fourth cause of action against Ronen. On November 13, 2017, Ronen filed this unopposed demurrer to the fourth cause of action for insufficient facts. Ronen's counsel filed a compliant meet and confer declaration. CCP § 430.41; Stern Decl. Counsel should note that, for declarations, paragraph numbers are preferred.) The Court considere...

Excerpt: ...an order that a certain abstract of judgment created a lien against the properties, an order that plaintiff may enforce his judgment by selling the properties, an avoidance of a fraudulent transfers, and an injunction against further transfers. Plaintiff alleges that on August 14, 2007, defendants, as husband and wife, transferred their community property interest in two real properties (Malibu and Torrance) to their living trust. On November 15,...

Excerpt: ... Analysis: Adequate notice and opportunity to be heard on a motion for monetary sanctions is mandated by constitutional due process requirements. O'Brien v. Cseh (1983) 148 Cal.App.3d 957, 961‐ 962; Marriage of Reese & Guy (1999) 73 Cal.App.4th 1214, 1221. Section 128.5, subdivision (f) mandates the moving party comply with procedures set forth in section 128.7, subdivisions (c), (d), and (h). Section 128.7, subdivision (h) requires the moving ...

Excerpt: ... Hana Financial. The Court considered the moving and opposition papers, and rules as follows. Request for Judicial Notice: Hana's request for judicial notice of the SAC in LASC Case No. BC568786 is GRANTED. Evid. Code § 452(d). Evidentiary Objections: The parties should note that the Court prefers to receive separately lodged (not filed) proposed orders on all written evidentiary objections, although such is required only for summary judgment mo...

Excerpt: ...s. Defendants discovered plaintiff at about 1:30 a.m. and draggled, slid, carried, or otherwise moved plaintiff's body to another location, abandoned him, and failed to summon emergency services. On June 2, 2017, plaintiff filed a complaint for (1) four counts of negligence (failure to render aid, unlawful hiring / training / retention, premises liability, and negligent security), (2) false imprisonment, and (3) battery. The first two causes of a...

Excerpt: ...Louis E. Kempinsky and Kempinsky Law Ltd.'s (collectively, Kempinsky) anti‐SLAPP motion. Defendants David R. Hilty, OOC Hollywood 1LLC, Shereen Arazm (collectively, Hilty) joined this motion. On June 23, 2017, plaintiff filed a notice of appeal of this ruling. On August 1, 2017, the Court granted defendants Martin D. Singer, Lavely & Singer, and Andrew Brettler's (collectively, Singer) anti‐SLAPP motion. On October 2, 2017, plaintiff filed a ...

Excerpt: ...e. It appears to this court that this matter should and/or would very likely be deemed related to LASC Case No. BC600123, still pending before the right honorable Judge Michael Stern, in Department 62. Both cases are essentially Marvin actions, arising from the parties' separation and property division dispute. Love is the plaintiff in the earlier filed case, and Kenneth K. Barnoski is the plaintiff in this case. Plaintiff Barnoski's comp...

Excerpt: ...t agrees with defendant's assessment that the issue of the delayed transmission of the settlement checks could have been and was resolved informally. The evidence establishes that the parties were communicating about the issue, defendant's counsel was engaged with defendant's liability insurance carrier, and that defendant was overall forthcoming and cooperative. In particular, plaintiff admits that “the check was finally deposited on October 2...

Excerpt: ...y 10, 2018, plaintiff submitted a revised default judgment packet addressing the defect. The Court considered the revised packet and rules as follows. Plaintiff's counsel should again note that exhibits must be tabbed. CRC, rule 3.1110(f). Plaintiff's counsel should again note that default judgment packets must include a case summary. CRC, rule 3.1800(a)(1). Going forward, the Court is likely not going to consider plaintiff's papers that do not s...

Excerpt: ...reach of contract, (3) fraud, (4) cancellation of instrument, (5) quiet title, (6) slander of title, (7) constructive trust, and (8) resulting trust. According to the moving papers, on June 21, 2017, the parties settled at an MSC. MOT 4:9‐10. Plaintiffs now bring this motion to enforce settlement. Defendant submitted a “reply to motion to compel settlement (slightly dissenting, mostly concurring).” The Court considered the moving and opposi...

Excerpt: ...66. Plaintiff acknowledged a credit of $28,315.81. On October 20, 2017, default was entered against Ghashghaie. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 20 and a proposed form of judgment on the appropriate Judicial Council forms. On November 9, 2017, plaintiff dismissed Great Used Cars and Stainkam. Plaintiff's counsel signed a declaration of nonmilitary ...

Excerpt: ...t to allow necessary plumbing repairs, and have damaged the plumbing system by improperly disposing waste. The board gave improper notice of a special election. Defendant Weisenberg renovated his unit without board approval, violating the CC&Rs. On January 21, 2016, plaintiffs filed a complaint and on February 16, 2016, a first amended complaint. On June 24, 2016, Olga was effectively dismissed for lack of standing. On August 31, 2016, plaintiffs...

Excerpt: ..., plaintiff filed this unopposed motion to confirm arbitration award. The Court considered the moving papers and rules as follows. Court's Authority to Confirm Arbitration Award: The parties to arbitration may petition the court to confirm, correct, or vacate the award. CCP § 1285. A petition to confirm an award must be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. CCP § 12...

Excerpt: ...ility discrimination, (2) failure to accommodate, (3) failure to engage in the interactive process, (4) wrongful termination in violation of public policy, and (5) retaliation in violation of the FEHA. On November 30, 2017, defendant filed this unopposed Pitchess motion, requesting an order that third party Los Angeles Sheriff's Department produce essentially the entirety of plaintiff's employment file. Pitchess Motion Standard: There is a specia...

Excerpt: ...or a total of $57,112.60. Procedural Requirements: On November 3, 2017, default was entered against both defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests the same amount of principal damag...

Excerpt: ...emple Street Properties for damage arising from allegations that defendants negligently caused a fire at their construction site. Claims against Palmer: City alleges that on December 8, 2014, a fire broke out at the DaVinci Apartments, which was then under construction. The fire damaged 221 N. Figueroa. The sprinklers caused water damage. City incurred costs for firefighting. City's damages were about $80 million. City's insurance company reimbur...

Excerpt: ...nts, and plaintiff dismissed its punitive damages claims on the first and second causes of action. It appears that the parties stipulated to setting aside the default entered against the Yoons. See Discovery Motions, Tabibi Decl. ¶ 4, Exh. 2 (referring to a signed stipulation.) On December 28, 2016, the Yoons each filed an answer. On June 28, 2017, the Court granted plaintiff's unopposed motions to compel initial responses against the Yoons. On ...

Excerpt: ...intiff's counsel Robert F. Rubin filed this unopposed motion to be relieved as counsel. Analysis: The motion satisfies the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the client and confirmed his address by telephone, conversation, and email within the past 30 days. CRC, rul...

Excerpt: ...40 states that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California, and does not perform regular or substantial business, professional, or other activities in t...

Excerpt: ...EMI Hastings Catalog Inc. for damages arising from allegations that defendants underpaid royalties. On June 30, 2017, plaintiff filed a complaint for an accounting. On October 3, 2017, plaintiffs filed the operative first amended complaint for breach of contract. On November 17, 2017, defendants filed this opposed demurrer for insufficient facts and motion to strike paragraphs regarding other catalogs and the prayer for an accounting. Defendants'...

Excerpt: ...td.'s (collectively, Kempinsky) anti‐SLAPP motion. Defendants David R. Hilty, OOC Hollywood 1LLC, Shereen Arazm joined this motion. On August 21, 2017, the Court denied the joining defendants' opposed motion for $17,970 in attorneys' fees without prejudice on the ground that the amount of requested fees was unreasonably inflated. On October 16, 2017, the joining defendants filed this opposed renewed motion for $9,135 in attorneys' fees. The Cou...

Excerpt: ...on parking lot, discriminated against plaintiffs based on their national origin, Chinese, and issued physical threats to plaintiffs. On October 6, 2017, plaintiffs filed a complaint, on April 25, 2017, a first amended complaint, and on June 6, 2017, the operative second amended complaint for (1) breach of written contract (by Jin against Dhow), (2) breach of covenant of quiet enjoyment (by Jin and Cui against Dhow), (3) negligent misrepresentatio...

Excerpt: ...ounsel filed these two 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 motion and motions, declarations, and proposed orders are directed to the client and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the clients and confirmed their addresses by telephone and conve...