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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...