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: ...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: ..., 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: ...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...