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 ...