Excerpt: ...s an independent physician association, that managed the health care of Medi-Cal beneficiaries who were members of LA Care, which included Decedent. Later that evening EHS ordered Decedent transferred to Defendant Pacific Alliance Medical Center (“PAMC”). When he arrived at PAMC, Decedent was made to wait hours before medical staff attended to him. By that time, Decedent had developed sepsis. Decedent spent three weeks in PAMC intensive care ...

Excerpt: ... Fugro filed a cross- complaint against Kennedy/Jenks. Glendale's and Fugros' cases were consolidated. In 2019, Glendale settled with Fugro and assigned its rights in this action to Fugro. In December 2019, Glendale filed their First Amended Complaint (“FAC”) against Kennedy/Jenks alleging causes of action for: 1. Professional Negligence 2. Breach of Written Contract The FAC also added Staheli as a defendant. On January 27, 2020, Kennedy/Jenk...

Excerpt: ...s-Sinai where she was treated by Chaudhry and Lalezari, who misdiagnosed Lisa as suffering from Munchausen syndrome by proxy, a mental health problem in which a caregiver makes up or causes an illness to a person under their care. On July 17, 2019, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for: 1. Professional Negligence (Medical Malpractice); 2. Fraud; 3. Defamation; 4. Negligent Infliction of Emotional Dis...

Excerpt: ...rties Newport Family Medicine and Thomas J. Hopkins, M.D. Plaintiff now requests-unopposed--that the subpoenas be quashed or modified. Plaintiff also requests $2,310 in sanctions, for each motion, against Defendants and their counsel. Standard: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, u...

Excerpt: ...ortly after he was born. Plaintiff alleges that he has sustained physical and mental damages and developmental delays because of Defendants' negligence. Defendants served a subpoena duces tecum on North Los Angeles Regional Center (“NLARC”) for Plaintiff's medical records. NLARC refused to provide the records absent a court order pursuant to Welfare & Institutions Code § 4514. On October 18, 2019, Defendants filed the instant motion. Defenda...

Excerpt: ...ting equestrian shows. Saddletree alleges that Defendants stopped paying their monthly rent in April 2016. On November 7, 2018, Saddletree served a Demand for Production of Documents, Set No. 1, on Dorado and Villar. Saddletree has not received a response from either Dorado or Villar. No opposition has been filed. Saddletree requests that Dorado and Villar be ordered to respond to Saddletree's Demand for Production, Set No. 1, without objections,...

Excerpt: ... reusing an old building for a purpose other than that which it was built for. Omgivning alleges that Hellman failed to pay them what was owed under the agreements. Hellman's second amended cross-complaint (“SACC”) against Cross-Defendants for: 1) Negligence; 2) Professional Negligence; 3) Breach of Contract; 4) Breach of Implied Covenant of Good Faith and Fair Dealing; 5) Fraud/Misrepresentation; 6) Negligent Misrepresentation; 7) Fraud/Indu...

Excerpt: ...ck program and that Defendant was supposed to pay off the loan on the vehicle, but failed to do so. Plaintiff's operative First Amended Complaint (“FAC”), alleges causes of action for: (1) Violation of the California False Advertising Act (Cal. Bus. & Prof. Code §§ 17500 et seq.); (2) Violation of California's Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.); (3) Breach of Contract; (4) Breach of Duty of Good Faith and Fair ...

Excerpt: ...ue Defendants Anne Penners Bergen and the Penners Bergen Law Corporation (collectively, “Bergen”), AMBS Diagnostics, LLC, (AMBS) Fidelity Brokerage Services, LLC, (Fidelity) and Edward J. Panconi (Panconi), for damages based on allegations that Bergen fraudulently forged a notice of levy. It is alleged that Bergen, who was working on behalf of AMBS and Panconi, attempted to collect on a judgment against plaintiff Timothy O'Brien. Bergen attem...

Excerpt: ...nts”), this case which arises from a prior lawsuit concerning ownership of TLLC, a medical marijuana shop. Defendants represented a party who claimed to have purchased the marijuana shop. Plaintiffs represented the other party who also claimed ownership of the shop. Litigation ensued and ultimately a court determined that Plaintiffs were the rightful owners. Plaintiffs then sued Defendants in this case alleging that they conspired to deprive th...

Excerpt: ... down. Plaintiff alleges that they have been excluded from management and profit participation. On August 6, 2019, Plaintiff filed the operative Complaint which alleges causes of action against Defendant for: 1. Breach of Contract; 2. Fraud; 3. Breach of Fiduciary Duty; 4. Conversion; 5. Partition; 6. Accounting. On September 16, 2019, Defendant filed this opposed instant demurer. Meet and Confer: NOT SATISFIED “Before filing a demurrer…the d...

Excerpt: ...e Warehouse, Inc., Gary McFarland, and Tom Nolimal, filed a separate Complaint, No. 19STCV24265, against Luke (which was consolidated with Luke's lawsuit on January 30, 2020), alleging causes of action for: 1) Invasion of Privacy- Penal Code Sections 630-638; 2) Invasion of Privacy- Intrusion. Because the consolidation makes BC687760 the single case number, The Service Warehouse, Inc., Gary McFarland, and Tom Nolimal, should be referred to as Def...

Excerpt: ...rmer Defendants National General Holdings Corp., and National General Insurance Company (collectively, “Former Defendants”) filed a demurrer against Plaintiffs' First Amended Complaint (“FAC”) successfully arguing that Plaintiffs had failed to sufficiently allege their claim that they were the alter ego of CNIC. On December 4, 2017, the Court SUSTAINED Former Defendants' demurrer and on January 25, 2018, entered a judgment dismissing with...

Excerpt: ...fendant Grancell Village of the Los Angeles Jewish Home of the Aging dba Joyce Eisenberg Keefer Medical Center (“Defendant”). Plaintiffs allege that Decedent was elderly and required medical care, which Defendant failed to provide. On April 24, 2019, Plaintiffs filed a second amended complaint (“SAC”) against multiple defendants alleging causes of action for: 1. Elder Abuse Neglect (Joyce Eisenberg Keefer only) 2. Elder Abuse Neglect (Cov...

Excerpt: ... Ambient's invoices were fraudulent or inflated. On September 18, 2019, Industry served its Deposition Subpoena for Production of Business Records to the Custodian of Records for Ambient. Ambient objected and the parties met and conferred to narrow the scope of discovery. Ambient provided a response on December 17, 2019. Industry argues that the Ambient's production of records was deficient. Industry requests that Ambient be ordered to comply wit...

Excerpt: .... The parties dispute whether Petitioner's December 13, 2016 letter was a proper demand for arbitration. Respondent contends that the letter did not comply with the relevant statute and therefore the instant action is untimely. Originally, Petitioner filed the petition to compel arbitration on September 6, 2019. On January 10, 2020, Petitioner re-filed the instant petition to compel arbitration, including a previously missing declaration. On Janu...

Excerpt: ...enied coverage for damages to the 2015 Hino truck. The controversy amongst the parties is whether the 2015 Hino truck was covered by the insurance policy. Plaintiff's Complaint against Defendant alleges causes of action for: 1. Breach of Contract; 2. Breach of the Covenant of Good Faith and Fair Dealing; 3. Declaratory Relief. On October 3, 2019, Defendant filed this opposed motion for summary judgment or in the alternative summary adjudication. ...

Excerpt: ...ion for summary judgment or in the alternative summary adjudication as to the first three causes of action. Objections: Plaintiffs object to paragraphs and exhibits in the Declaration of Steven Franklin. Plaintiffs' objections 1-14 are OVERRULED. Defendant moves for summary adjudication of the first three causes of action and the civil penalties claim on the ground that they complied with the Song-Beverly Act by making an offer to repurchase the ...

Excerpt: ...ed Notice of Taking Depositions and for Production of Documents, seeking to depose Scott Ross, Eric Lasky, Jill Fallows Macaluso, and Kathy Ward among others. Ross and Lasky are Novo's in-house counsel, Macaluso is Novo's Chief Compliance Officer, and Ward is an employee of Novo. On July 22, 2019, Defendants filed this opposed motion seeking to quash the notice of depositions and to stay the depositions. Alternatively, Defendants request that a p...

Excerpt: ...mer products that contained the chemical DEHP without a Proposition 65 compliant warning. Plaintiff has previously settled with H Mart and has reached a settlement with Koco. The terms of the settlement are as follows: 1) Koco will stop selling or distributing kitchen tongs consumer products that contain DEHP in excess of 0.1 % by weight without a Proposition 65 compliant warning, 2) Koco will pay $5,720 in civil penalties and an Additional Settl...

Excerpt: ...f the PMQ and demand to produce responsive documents. On November 30, 2018, Defendant objected. Plaintiff's counsel states that after that date they spoke with opposing counsel and came to an agreement to coordinate deposition dates for the PMQ and Plaintiff. Plaintiff filed an instant motion was filed on October 2, 2019. Plaintiff requests that Defendant be compelled to produce its PMQ for deposition, as well as responsive documents. The Court c...

Excerpt: ...ale members. On January 18, 2019, Plaintiff filed a Complaint. <004c005200510003005a00 00030044005100470003[granted by the Court. On July 19, 2019, Plaintiff filed an appeal, which is pending. Defendants now bring this opposed motion for attorneys' fees and costs asserting they spent 243.3 hours directly related to the anti-SLAPP motion and an additional 32.4 hours for this motion. As such, Defendants request $95,046.75 in attorneys' fees and $85...

Excerpt: ...ost Qualified (“PMQ”) #2. This Court previously ordered the deposition of Defendants' PMQ #1. On June 11, 2019, Defendants counsel informed Plaintiff that they objected to the deposition but <00130014001c000f000300 00570056000300500052[ved ex parte for a protective order preventing the deposition of PMQ #2. Defendants' ex parte motion was denied and on the same day, they refiled this request for a protective order. Plaintiff files an oppositi...

Excerpt: ...her vehicle, causing her to suffer damages. On October 25, 2018, the Court granted Defendants' motion to compel further responses to Special Interrogatories (Set One) and Request for Production (Set One). The Court issued sanctions against Plaintiff and her counsel in the amount of $1,600. On October 26, 2018, the Court granted Defendants' motion to compel further responses to Form Interrogatories (Set One) and issued sanctions against Plaintiff ...

Excerpt: ...ntiff initiated arbitration in accordance with the agreement. Each party was to pay their pro-rata share for the arbitration. A final hearing was scheduled for March 25 through March 29, 2019. To proceed with that hearing Defendant needed to pay $30,000 by January 24, 2019. Defendant failed to make the appropriate payment and the hearing was taken off calendar. On May 16, 2019, Plaintiff filed this Complaint seeking to have her malpractice case h...

Excerpt: ...k, or harshly engage; has premature internal wear, sudden acceleration, delay in downshifts, delayed acceleration, cause difficulty stopping the vehicle, and eventually suffers a catastrophic failure. (FAC, ¶ 18.) On January 23, 2019, Plaintiffs filed a First Amended Complaint (“FAC”) against Defendant alleging: 1) Violation of Song-Beverly Act - Breach of Express Warranty; 2) Violation of Song-Beverly Act - Breach of Implied Warranty; 3) Vi...

Excerpt: ... Plaintiff was previously represented by counsel but currently is self-represented. On July 25, 2019, Defendant filed this unopposed motion to compel authorization for the release of Plaintiff's psychiatric records. Standard: Under CCP section 2025.480: “(a) If a deponent fails to answer any question or to produce any document or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the...

Excerpt: ... her in a bankruptcy proceeding. Plaintiff alleges that Defendant committed malpractice by failing to timely file a complaint on her behalf which caused her damages. The written retainer agreement signed by the parties contained an arbitration provision. On January 31, 2018, Plaintiff initiated arbitration in accordance with the agreement. Each party is to pay their pro-rata share for the arbitration. A final hearing was scheduled for March 25 th...

Excerpt: ...nt Santa Monica Motor Group, Inc. (“Defendant”). Plaintiff alleges that after purchasing the vehicle he discovered that it was missing several parts. Plaintiff alleges that the vehicle is missing a pollution control system and that as a result it cannot comply with emission standards. Plaintiff alleges that because of these issues the vehicle cannot be registered either in California or his home state of Minnesota, without extensive repairs. ...

Excerpt: ... Swarm entered into a joint venture agreement with Mosley Showdown Promotions (“MSP”) to promote a live pay-per view mixed martial arts event on January 30, 2015, called the "Super Brawl" to be held in Phoenix, Arizona. However, Shane did not have an ownership interest in MSP and was not a party to the agreement. Rather, MSP was owned and controlled by his sister, Cross-Defendant Cerena Mosley (hereinafter “Cerena”). Shane alleged...

Excerpt: .... Plaintiff alleges that he has applied to be promoted numerous times but Chwa has refused to promote him. Plaintiff alleges that Chwa has refused to promote him because as part of the army reserve he must take time off from work to perform his duties. On June 14, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants, alleging causes of action for: 1) Discrimination based on membership in military services (Mi...

Excerpt: ...mplaint (“FAC”), using a judicial council form. Hunter alleges causes of action for: “Loss property, Bail Bond, Stolen Money Order for Rent, Pain and Suffering, Harassment.” On April 15, 2019, SRO filed a demurrer to the FAC. Hunter filed an opposition in name only in which she states that SRO knows what she is alleging and that they are merely delaying the case. Meet and Confer: “Before filing a demurrer pursuant to this chapter, the d...

Excerpt: ...draft and establish an irrevocable living trust to leave their property to their daughter. Plaintiffs allege that All America Holdings Trust, the created living trust, granting ownership of the property to Defendant. On December 10, 2018, Plaintiffs filed a complaint against Defendants alleging: 1) Fraud 2) Breach of Contract 3) Quiet Title 4) Resulting Trust 5) Conspiracy 6) Constructive Trust Defendant Arteaga, who a self-represented, filed thi...

Excerpt: ...ervisor Sheri Falcone (collectively, “Defendants”). Plaintiff was employed by Defendants from 1991 to 2017 and alleges she was terminated by Defendants because of her race and national origin. On May 16, 2019, the Court sustained Defendants' demurrer to Plaintiff's First Amended Complaint. The Court also struck Plaintiff's Second Amended Complaint, which was filed without permission. On June 25, 2019, Plaintiff filed her third amended complai...

Excerpt: ... defendant $92,400 in costs and fees. Grant appealed the judgment and the fee award. On January 9, 2019, the Court of Appeal affirmed the judgment. On May 2, 2019, the Court of Appeal affirmed the attorneys' fee award. On February 19, 2019, defendant filed two memoranda of costs. The first memorandum listed $23,993.20 in fees and costs incurred in the appeal of the judgment. The second memorandum listed $13,564.75 in fees and costs incurred betwe...

Excerpt: ...ntiffs, it is unclear who, alleges that someone stole their identity and took out a loan in their name. Defendants allege that in 2006 Rodriguez took out a loan to finance the purchase of the property. Rodriguez then defaulted on the loan and the property was foreclosed on. Plaintiffs are self-represented. On March 26, 2019, Plaintiffs filed a Complaint, using a Judicial Council Form, alleging fraud and unlawful business practices. On April 25, 2...

Excerpt: ...t defendants' failure to provide medically necessary care caused Thomas Impliazzo to undergo multiple surgeries, including reconstruction of his penis, scrotum, and genital area. Thomas Impliazzo and Cynthia Impliazzo are married. Plaintiffs allege that following gastric bypass surgery, Thomas lost a significant amount of weight. The severe weight loss resulted in folds of excess skin that covered, pressed down upon, irritated, and threatened...

Excerpt: ...n owner/shareholder and Jensen was the operating manager. Plaintiffs alleged that Jensen and Ichiyasu breached their fiduciary duties to them. On August 29, 2018, Plaintiffs sued Jensen and Ichiyasu. Plaintiffs and Ichiyasu resolved their issues and he was dismissed from the case on November 21, 2018. On October 22, 2018, Jensen filed a general denial to the Complaint. Ichiyasu was a resident of the County of Los Angeles. Jensen is a resident of ...

Excerpt: ...an, Comden, Casselman & Pearson, LLP (“WCCP”). From November 2004 till sometime in 2005, Knight and Death Row Records were represented by attorney Dermot Givens (“Givens”). WCCP was entitled to 40% of the judgment per its retainer agreement. In September 2005, WCCP sued Givens alleging that he conspired with Harris and Knight to deprive them of their share of the judgment by brokering a secret settlement between the parties (Case No. BC34...

Excerpt: ...dent of Made by Science for which he would receive a salary and equity in the company. Plaintiff was employed as president from October 2017 till July 2018, when he was terminated by Held. Plaintiff alleges that Defendants failed to pay him all of his wages and his vested equity in the company. On March 24, 2019, Plaintiff served Defendants with the first amended complaint (“FAC”) alleging six causes of action: (1) Breach of Contract; (2) Fai...

Excerpt: ...ed to review the permits, and then summarily denied them. Plaintiffs' Complaint initially alleged two causes of action, (1) Violations of Free Speech Rights Based On Content Discrimination and, (2) Improper Application of the Los Angeles Municipal Code (“LAMC”) and Amended Hollywood SUD (“Hollywood”). City removed the case to the federal district court and filed a motion to dismiss. The district court dismissed Folb-Paramount's claims on ...

Excerpt: ...ively, “Feldmans”). Bank of America, Galante's lender, consented to the short sale on the condition that Galante could not remain on or regain ownership of the property. It is alleged that the Feldmans entered into a “lease option” agreement with Anna Kim (“Kim”), Galante's girlfriend, that allowed Galante to lease the property and gave him the option to purchase it. In 2016, the Feldmans sold the property to Defendant Jason Weiss (�...

Excerpt: .... On January 9, 2019, plaintiff's counsel was relieved as attorney of record. On March 18, 2019, the court granted defendant's motion to compel responses to their form and special interrogatories and to their request for production of documents. A self-represented litigant is not entitled to special treatment and is held to the same standards as a party represented by counsel. Stebley v. Litton Loan Servicing, LLP (2011) 202 Cal.App.4th 522, 524;...

Excerpt: ...ed excess lead. Plaintiff and Defendant have agreed to a settlement. The terms of the settlement are as follows: defendants will add a warning to the powder, pay $850 in civil penalties, and pay $7,650 in attorneys' fees and costs. On June 21, 2019, plaintiff filed this unopposed motion to approve the Stipulated Consent Judgment. Notice: SATISFIED The plaintiff must serve the moving papers on the Attorney General at least 45 days before the motio...

Excerpt: ...spectively, to assist them with the sale of the property. On March 5, 2017, Altman had plaintiffs meet with Nicholas Keros (“Keros”) who wanted to buy the property. Plaintiffs and Keros signed a form agreement, with handwritten addendums, to sell the property. Plaintiffs allege that Altman told them the agreement was a non-binding draft subject to further review. Plaintiffs allege that because they violated the terms of the purchase agreement...

Excerpt: ... Manhattan Inn Operating Company, LLC ("MIOC"), Promenade Restaurant Group, LLC ("PRG"), Rock N Fish, LLC, Rock N Fish 2, LLC, DMZ Restaurants, LLC, Rock & Brews, LLC, and Rock and Brews Holdings, Inc. Plaintiffs were investors in some of the Zislis entities. Plaintiffs allege that Strain violated his fiduciary duties to them by acquiring shares in some of the entities in exchange for his legal services, manipulated tax documents ...

Excerpt: ...tion on November 1, 2018. On September 25, 2018, Plaintiff was deposed. The instant motion arises from disputes about Plaintiff's production of documents for the deposition. Defendants allege that Plaintiff has violated the Order by failing to produce recordings of conversations, typed notes, and EDD (unemployment) certifications. On July 2, 2019, Defendants filed this opposed motion for terminating sanctions. Plaintiff filed an opposition reques...

Excerpt: ...,651.91. Defendants purchased wholesale clothes from Plaintiff. The parties stipulated that on April 1, 2015, Defendant had an outstanding balance of $72,266.70. In July 2015, Keyvan Amirianfar (“Amirianfar”), Plaintiff's owner, purchased a 2007 Bentley and Motorcycle from Shir Benafshe (“Shir”), daughter of Defendant Ilan, for $15,000. The parties disputed whether there was ever an agreement to offset the value of the vehicles from Ilan'...

Excerpt: ...ment and stalking incidents stemming from Spann's failed audition for a reality television show in January 2011. On August 21, 2018, defendant Spann filed an Cnswer and Counterclaim, to which plaintiffs filed both a demurrer and motion to strike August 28, 2019. Defendant's answer and counter claim were dismissed with prejudice and the motion to strike was granted as to defendant's entire answer and counter claim by this Court on February 6, 2019...

Excerpt: ...his estate. In October 2004, a settlement was reached amongst the parties distributing decedent's estate. The settlement established a special needs trust for Hodge's daughter Chala. Under the settlement agreement, part of decedent's estate including, 701-703 Marlborough, Inglewood, CA (“Marlborough property”), was placed in trust for the benefit of Hodge's daughter Chala. On August 26, 2013, Defendant Norine Boehmer (“Boehmer”) and Defen...

Excerpt: ...ff filed this opposed motion to tax costs, seeking to strike all of Imagecraft's costs. Having considered the moving papers, the opposition, and the reply, the Court rules as follows. Request for Judicial Notice: Imagecraft requests that the Court take judicial notice of the March 1, 2019 minute order, the judgment granting summary judgment, and the memorandum of costs. The Court will take judicial notice of the requested documents pursuant to Ev...

Excerpt: ...ufactures anti- vibration components (engine isolators) for airplanes and was regulated by the Federal Aviation Administration (“FAA”). On or about January 2014 Diaz began reporting to his superiors that Edgar Mijangos (“Mijangos”), his direct supervisor, was violating FAA regulations. Martinez also reported Mijangos' violations to his superiors. On May 30 and May 31, 2014, Plaintiffs emailed their supervisors about their concerns about t...

Excerpt: ...discriminated against and harassed by his co-workers because of his sexual orientation. Plaintiff alleges that Defendant Kelley Garcia (“Defendant”), Plaintiff's supervisor, engaged in discrimination and harassment. On February 4, 2019, Plaintiff filed a Complaint against Georgia-Pacific and Defendant Kelly Garcia alleging: (1) Sexual Orientation Harassment and Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); (...

Excerpt: ...Tech's installation and repair technicians. Plaintiff alleges that both defendants were his joint employers; that they both misclassified him as an independent contractor; that they failed to pay him overtime wages or provide meal and rest breaks; and that they both engaged in disability discrimination. Defendant Q Tech has not yet been served. Plaintiff's complaint specifically alleges: 1. Unlawful Business Practices (Bus &Prof. Code 17200 et. s...

Excerpt: ... harassed and stalked them and their employees since January 2011, when he failed an audition for their reality television show. On August 21, 2018, defendant filed an answer and counterclaim, to which plaintiffs filed both a demurrer and motion to strike. Plaintiff filed a demurrer against the answer and motion to strike defendant's “claim” for punitive damages included in the answer, to be heard February 5, 2019. Because defendant was not p...

Excerpt: ... to do as promised and fraudulently billed her for $20,000. Plaintiff is in pro per. There have been issues amongst the parties related to discovery. Plaintiff has disobeyed two previous orders from the Court. On May 1, 2019, Plaintiff was ordered to provide further interrogatory responses within ten days. Plaintiff failed to provide further responses. On May 23, 2019, Plaintiff was ordered to have her deposition taken and to produce documents on...

Excerpt: ...efendant prematurely discharged her dependent adult from their hospital which resulted in his death on June 1, 2016. On August 18, 2017, Plaintiff filed her original complaint. On December 4, 2018, Plaintiff filed the operative Third Amended Complaint (“TAC”) alleging: 1) Dependent Adult Abuse (pursuant to Welfare & Institutions Code §§ 15600, et seq.) 2) Professional Negligence against all Defendants 3) Wrongful Death against all Defendant...

Excerpt: ..., Swarm entered into a joint venture agreement with Mosley Showdown Promotions (“MSP”), an entity owned and controlled by his sister Cerena J. Mosley (“Cerena J.”), to promote a live pay-per view mixed martial arts event on January 30, 2015, called the "Super Brawl" to be held in Phoenix, Arizona. Mosley, however, has never had an ownership interest in MSP, was not a party to the agreement and never gave authorization to Swarm or ...

Excerpt: ...y in Malibu and hired Parmelee, a geologist, to inspect the property. Plaintiffs alleges that Defendants failed to inform them that the property contained several Environmentally Sensitive Habitat Area (“ESHA”) violations. The hillside slope area of the property was covered by ESHA and it contained numerous unauthorized improvements (stairs, walls, corrals, and fences) that violated ESHA. As the owner, Plaintiffs would have to remove the impr...

Excerpt: ...bile catering business. On February 9, 2016, Plaintiff obtained a jury verdict and judgment against Ala Carte in the amount of $458,570.19. On March 17, 2016, Ms. Appel, the president of Ala Carte, obtained a $250,000 credit line from the Christian College Endowment Education Fund (“CCEEF”) which he then assigned it to Rockview Dairies, Inc. (“Rockview”). The title to all thirty-eight of Ala Carte's food trucks, Defendants only significan...

Excerpt: ... primary language is Spanish and in reliance on his family's representations, he signed the documents. The papers were brought to his home by a notary who subsequently gave them to a man named Isaac Santillan (“Santillan”). Gamboa alleges that what he actually signed was an affidavit of death of joint tenant spouse (his late wife) and a grant deed, naming Gamboa as grantor and Victor Munoz, a man he had never met nor known, as grantee of the ...

Excerpt: ...paying less than the agreed upon monthly amount. In July 2012, Rogers states that he renegotiated with Fullerton and lowered her monthly payments to $2,000. Fullerton's last payment was in September 2014. On June 27, 2018, Rogers filed his initial complaint which now, after amendment (“FAC”), alleges (1) breach of written contract; (2) breach of duty of good faith and fair dealing; (3) common counts; (4) intentional misrepresentation; and (5)...

Excerpt: ...at defendants sold or distributed quad connector kits, which are used to connect various cable boxes and outlets with televisions, satellites, and antenna, that contained the chemical DEHP without a Proposition 65 compliant warning. Plaintiff and Defendant have agreed to a settlement. The terms of the settlement are as follows: defendants will add a warning to the quad connector kits, pay $6,000 in civil penalties, and pay $22,000 in attorneys' f...

Excerpt: ...ttorneys' fees. The Bravos moved to compel arbitration with the Los Angeles County Bar Association's Arbitration Services. The arbitrators found in favor of defendants and awarded them $77,500. On October 3, 2018, plaintiff filed a complaint to challenge the arbitration decision. On December 20, 2018, plaintiff served requests for admission and special interrogatories on defendants. On March 15, 2019, defendants, who are in pro per, sent unverifi...

Excerpt: ...ion (“RFA”). On March 4, 2019, plaintiff responded by objecting to 19 of the 20 requests. On April 2, 2019, defendant filed this motion to deem admitted their requests for admission or in the alternative to compel further responses and seeks $4,988 in sanctions against plaintiff. The Court finds that the meet and confer requirement has been satisfied. Defendant's counsel has provided email conversations between them and opposing counsel in wh...

Excerpt: ...than the agreed upon monthly amount. In July 2012, Rogers states that he renegotiated with Fullerton and lowered her monthly payments to $2,000. Fullerton's last payment was in September 2014. 1) breach of written contract; 2) breach of duty of good faith and fair dealing; 3) common counts; 4) intentional misrepresentation; 5) negligent misrepresentation. On January 16, 2019, Fullerton filed a demurer as to all five causes of action. Statute of L...

Excerpt: ...Chief Executive Officer, informed them that the Screen Actors Guild (“SAG”), which represents voice actors, demands a security deposit before permitting its members to work on a film. Once the actors are paid, the security deposit is returned. Plaintiff states that they gave $67,000 to The Voice Company(“TVC”), another of Resnick's companies, to put up the SAG deposit. Plaintiff alleges that Defendants RID, TVC, and Resnick, (collectively...

Excerpt: ...tiff contends that Defendant induced her to pay her monthly rental amount to him in lieu of her landlord while assuring her that her landlord was overcharging her, and that Defendant could recover from the landlord a $600,000 settlement. [¿] DEFAULT ENTERED ON: 11/08/18 as to Defendant Sean Kim dba Beverly Hills Associates et al. (“Defendant”) [¿] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF COURT JUDGMENT (CRC 3.1800(a)) ...

Excerpt: ...e penalty; and (6) unfair competition. On February 25, 2019, Pacwest filed this Motion to Compel Arbitration and stay the proceedings. Analysis: DENIED WITHOUT PREJUDICE Pacwest has attached the arbitration agreement, purportedly signed by Wilson, to their motion. Wilson opposes this motion on the grounds that the arbitration agreement has not been authenticated. The general rule is that before a writing may be considered evidence, it must be aut...

Excerpt: ...mended cross-complaint (“FAC”) for: 1) negligence, 2) professional negligence, 3) breach of contract, 4) breach of implied warranty, 5) breach of implied covenant of good faith and fair dealing, and 6) fraud/misrepresentation. Hellman sued Omgivning and cross-defendants Karin Liljegren (“Liljegren”), Bolivar Iniquez, Roberto Vasquez, and Jonathan Giffin (collectively, “Cross-defendants”). Hellman alleges that Liljegren is the alter eg...

Excerpt: ...duction of documents. Plaintiff also seeks to preclude defendants from deposing them until the PMQ is deposed. Finally, plaintiff seeks monetary sanctions against Novo Nordisk and their counsel in the amount of $4,580. Analysis: Plaintiff's notice contains 54 categories of examination for the PMQ and 52 requests for production of documents. Categories: GRANTED Defendants object to the first category on the grounds that: its witnesses and its coun...

Excerpt: ..., 2010, upon stipulation of the parties that there was pending litigation in South Korea regarding the same issues, the Court (Judge Murphy) ordered the case stayed. The stay was lifted on December 15, 2016. On August 25, 2017, Komipharm dismissed defendants Han and Kim with prejudice. On March 1, 2018, the Court (Judge Shaller) granted Komipharm leave to file a First Amended Cross- Complaint (FACC). The operative FACC was filed on March 27, 2018...

Excerpt: ...Falcone (collectively, “Defendants”). Plaintiff alleges that she was constructively terminated by defendants because of her race and national origin. On February 15, 2019, defendants filed a demurrer to the First Amended Complaint (“FAC”) and a Motion to Strike. Plaintiff has filed an in name only opposition. Plaintiff states that they had agreed with defendants to file a second amended complaint in early January 2019. However, plaintiff ...

Excerpt: ... produce its Person Most Knowledgeable ("PMK") for deposition. Plaintiff also seeks to compel the production of documents pursuant to the documents identified in the deposition notice. Meet and Confer: SATISFIED Defendant argues, among other things, that plaintiff failed to adequately meet and confer. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolu...

Excerpt: ... Inc., Samsung SDI Co., Ltd., Samsung C&T America, Inc. (“CT”) and Amperex Technology Limited (“Amperex”) (collectively, “Defendants”) for damages, declaratory relief, and injunctive relief based on allegations that the battery in Ramirez's Samsung Galaxy S7 Edge phone manufactured by Defendants exploded, causing Ramirez to sustain third degree burns and other bodily injury. On October 16, 2017, Ramirez filed a Complaint against Defen...

Excerpt: ...2,400 in costs and fees. Grant appealed the judgment and the award of costs and fees (fee award). The Court of Appeal affirmed the judgment and issued a remittitur on January 9, 2019. On February 19, 2019, defendant filed two memoranda of costs. The first memorandum listed $23,993.20 ($23,328 attorneys' fees + $158.50 transcript fee + $506.70 filing fees) in costs incurred in the appeal of the judgment. The second memorandum listed $13,564.75 ($1...

Excerpt: ... Housing Act (FEHA); (2) failure to provide reasonable accommodations in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent discrimination and retaliation in violation of FEHA; and (6) wrongful termination in violation of public policy. On March 27, 2019, defendant filed this Motion to Compel Arbitration. Request for Judicial Notice: Defen dan t r ...

Excerpt: ...d Complaint (FAC) against GM, alleging seven causes of action. GM has filed a demurrer as to the Seventh (7 th) cause of action, Fraud by Omission. GM has also filed a motion to strike punitive damages from the FAC. Statute of Limitations: OVERRULED Pursuant to Code of Civil Procedure section 338(d), a cause of action for fraud is barred by a three-year statute of limitations. (Code of Civ. Proc. § 338(d).) The cause of action begins to accrue w...

Excerpt: ... alleged is an engine defect that could cause catastrophic engine failure. Gonzalez filed a First Amended Complaint (“FAC”) against Kia, alleging causes of action for 1. Violation of Subdivision D of Civil Code Section 1793.2, 2. Violation of Subdivision B of Civil Code Section 1793.2, 3. Violation of Subdivision (A) (3) of Civil Code Section 1793.2, 4. Breach of Express Warranty, 5. Breach of Implied Warranty, 6. Fraud by Omission, and 7. Fr...

Excerpt: ...y), and Edward J. Panconi (Panconi), for damages based on allegations that Bergen fraudulently forged a notice of levy. They allege that attorney Bergen, who was working on behalf of AMBS and Panconi, was trying to collect on a judgment against plaintiff Timothy O'Brien. Bergen attempted to execute a notice of levy on O'Brien's retirement fund with Fidelity, but it contained errors and was rejected. Bergen then created a second notice of levy, bu...

Excerpt: ... cross-complaint. Dwelling filed a cross-complaint against H&H. LKD filed a cross-complaint against Tag Front. On February 14, 2019, the Court held a status conference. At the status conference Tag Front informed the Court that it intended to file a cross-complaint against defendants Alireza Naghashi, Hamid Azarbin, and Sohrab Ostowari. The three defendants stipulated to allowing Tag Front to file the cross-complaint against them. Tag Front did n...

Excerpt: ...tion per the arbitration clause of the trust. The probate court found that the complaint was subject to arbitration and stayed the removal of the trustee until the arbitration was completed. The arbitration is still pending. On April 27, 2018, Plaintiffs filed this complaint against Araceli Martinez Maloney, Richard Maloney and Denise Maloney Flores (collectively known as Defendants), alleging causes of action for: (1) financial elder abuse, (2) ...

Excerpt: ...iniwale, M.D., and Mi-Jeong Lee, M.D., alleging the following causes of action: (1) professional negligence (medical malpractice), (2) medical battery, (3) lack of informed consent, (4) fraudulent concealment, and (5) unfair business practices Plaintiffs allege that Donovan was born with an easily detectable and correctable condition, an imperforated anus, which Defendants failed to identify by visual inspection during the routine and mandatory c...

Excerpt: ...��Oceanside”) with her then boyfriend. After five days, Kathryn was transferred to a sober living home called Always Hope in Malibu (“Always Hope”). At around 6:30 a.m. on November 2, 2017, residents of Always Hope over-heard Kathryn arguing with her boyfriend, but no staff member intervened or inquired into the altercation. About two and one hours later, an defendant's employee heard a crashing sound from Kathryn's bedroom and when staff e...

Excerpt: ...of written contract; (2) breach of oral contract; (3) open book account; (4) account stated; (5) fraud; (6) fraud – negligent misrepresentation; (7) fraud; (8) fraud – negligent misrepresentation; and (9) negligence. On June 5, 2017, Defendants Steele Logistics and Farrell (collectively “Defendants”) filed demurrers to complaint. Defendants Serec and Serec-Steele also filed answers to the complaint on the same date. Defendant Serec also f...

Excerpt: ...s a result of Defendants' failure to assist Plaintiff with removing the boundary tree, Plaintiff alleges that it was forced to initiate a lawsuit against the adjoining property owners itself. On June 6, 2018, Plaintiff filed a complaint for: 1) Breach of contract; 2) Bad faith; 3) Negligence On July 31, 2018, Plaintiff dismissed Defendant Farmers Insurance Group of Companies without prejudice from this action. On August 23, 2018, Plaintiff dismis...

Excerpt: ...ning and manufacturing electric vehicles. Plaintiff is a former employee of Defendant who worked in Defendant's Design Unit. It is alleged in the Complaint that Defendant violated several Labor Code violations including: (a) failing to pay minimum wages for all hours worked to Plaintiff and similarly aggrieved employees; (b) failing to pay Plaintiff and other similarly aggrieved employees all earned overtime compensation; (c) failing to provide a...

Excerpt: ...s to Antonio Sabato Jr. for Congress, which was personally signed, initialed, assented to, authorized, accepted, known to, and ratified by Antonio Sabato Jr. to further his candidacy. It is alleged that Defendants breached the agreement in approximately May 2018 failed to timely pay Plaintiff monies due under the agreement including, but not limited to, consulting fees, expenses, and commissions totaling at least $34,428.15, plus additional fees....

Excerpt: ... did not go through, the $200,000 would be returned to Plaintiff. Plaintiff alleges that the deal fell through but that Defendants refused to refund the $200,000 to Plaintiff. On June 8, 2017, Plaintiff filed his Complaint against Defendants for: 1) Violation of California Civil Code § 1632; 2) Fraud; 3) Violation of Unfair Business Practices statutes. On October 25, 2018, Defendant Young Cho (“Defendant”) filed this Motion for Judgment on t...

Excerpt: ...a complaint against Bissox Incorporated, Lee, Dean Y. Park, Steve Han, and Bryan Kim for UCL violations, misappropriation of trade secrets, conversion, and aiding and abetting. On August 31, 2009, Bissox Incorporated and Lee filed a cross-complaint and on October 19, 2009, a first amended cross-complaint against Komipharm, Yong Jin Yang, Bernardus Rademaker, and Kominox, Inc., which was ultimately dismissed without prejudice on June 20, 2017. On ...

Excerpt: ...) violation of Civil Code Sections 1791.2(a), 1794; (5) violation of Civil Code Sections 1791.1, 1794; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. Request for Judicial Notice: Plaintiff asks the Court to take judicial notice of the third amended complaint filed in Feliciano, supra, Case No. 1:14-cv-06374-AT pursuant to Evidence Code sections 452 and 453. A court may take judicial notice of records of any court of t...

Excerpt: ...t Brand Scaffold and Beta failed to provide reasonable accommodations. On November 16, 2018, Plaintiff filed a complaint against Defendants Brand Scaffold and Beta for (1) discrimination in violation of Gov't Code §§ 12940 et seq.; (2) harassment in violation of Gov't Code §§ 12940 et seq.; (3) retaliation in violation of Gov't Code §§ 12940 et seq.; (4) failure to prevent discrimination, harassment and retaliation in violation of Gov't Cod...

Excerpt: ...f South Gate, LLC d/b/a Greenfield Care Center of South Gate (“Greenfield”), Alta Los Angeles Hospitals, Inc. d/b/a Norwalk Community Hospital (“Alta”), Lighthouse Healthcare Center, LLC d/b/a Lighthouse Healthcare Center (“Lighthouse”), Apex Home Healthcare Services (“Apex”) (collectively, “Defendants”), and Doe defendants. Plaintiffs alleged the following causes of action against Defendants: (1) elder abuse, (2) violation of...

Excerpt: ...n for opposing racial discrimination and harassment (Gov't Code Section 12940(h)), 3) Failure to prevent racial discrimination, harassment, or retaliation (Gov't Code Section 12940(k)), 4) Wrongful termination in violation of public policy and 5) Intentional infliction of emotional distress. Defendants now bring this motion to compel arbitration. Evidentiary Objections: Plaintiff's evidentiary objections to the Hymas Declaration are OVERRULED. Ex...

Excerpt: ..., 2009, as Amended; and Megan Green (“Plaintiffs”) filed a Complaint asserting twenty-two (22) causes of action against multiple defendants. On October 3, 2018, Defendant Equity Title Company (“Equity”) filed this Demurrer to the Complaint. Defendant demurs to the twentieth cause of action for negligence. On October 9, 2018, Defendant Cynthia Pett-Dante (“Cynthia”) filed this Demurrer to the Complaint. Defendant demurs to the Third, F...

Excerpt: ...aintiff's home, made fraudulent statements, omitted to disclose facts, and otherwise breached their fiduciary duties. Plaintiffs allege they met with Altman beginning in February 2017 to discuss selling Plaintiffs' home. FAC, ¶ 11. They agreed that if Altman could bring potential buyers, he would serve as a dual agent for Plaintiffs and the buyer in exchange for a commission. Id. at ¶ 15. On March 4, 2017, Altman introduced Nicholas Keros to Pl...

Excerpt: ...rd to be filed under seal based solely on the agreement or stipulation of the parties. (b) Motion or application to seal a record (1) Motion or application required A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. (2) Service of motion or appli...

Excerpt: ...ion – in tort, (5) conspiracy, (6) cancellation of instruments, (7) rescission, (8) money had and received, (9) conversion, and (10) declaratory relief. The Complaint alleges that Plaintiff is the owner of property at 101 E. Madison Ave., Montebello, CA 90640 (the “Property”); that Plaintiff's daughter, Paola Gamboa-Banda, and Plaintiff's son-in-law, Alex Banda, moved in the Property with their three children; that Defendants were engaged i...

Excerpt: ...merica, Inc., and CJ E&M North America, Inc. (“CJ E&M”), and Doe defendants for damages based on allegations that Jason Edward Allen sustained injuries from a broken chair. On May 19, 2016, Plaintiffs filed a Complaint for (1) negligence, (2) premises liability, and (3) loss of consortium against Defendants LA Coliseum; Imaginasian; M. Net North America, Inc.; CJ E&M; and Doe Defendants. Avalon Tent and Party Corporation (“Avalon”) was su...

Excerpt: ...se. On November 1, 2018, plaintiff filed this complaint for: 1) Breach of written contract 2) Breach of implied covenant of good faith and fair dealing 3) California Labor Code § 203 Penalty On December 21, 2018, Defendant Campbell Hall (Episcopal) (“Defendant”) filed this Demurrer and Motion to Strike to the Complaint. Defendant demurs to the third cause of action. The Court considered the moving papers, opposition, and reply and rules as f...