Excerpt: ...Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Plaintiffs move to bifurcate trial in this action to try the Cross...

Excerpt: ...gs, LLC, alleging: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) quantum meruit; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) conversion; (7) misappropriation under Uniform Trade Secrets Act; (8) violation of California Labor Code section 2870-2872; (9) breach of fiduciary duty; (10) unfair competition; (11) wrongful termination; (12) negligence; (13) intentional interference...

Excerpt: ...suit against Defendants W&B Automotive, Inc dba Bravo Chrysler Dodge Keep Ram of Alhambra and FCA US, LLC (collectively, Defendants), alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Defendant moves for a judgment on the pleadings. Discussion Defendant argues that a judgment on the pleadings is warranted because: (1) Plaintiff Shira Golfeiz Panahi does not have standing to pursue this action...

Excerpt: ...ction. On 3/11/2022, Plaintiff filed a first amended complaint (FAC) against Montebello Unified School District, the Montebello Unified School District Board of Education, Anthony Martinez, Marisol Madrigal, Joanna Flores, Edgar Cisneros, Alejandro Ramirez, Jr., and Jennifer Gutierrez (collectively, Defendants), alleging violation of the California Whistleblower Protection Act. Now, Plaintiff moves to quash subpoenas served by Defendants. Discuss...

Excerpt: ...y, Plaintiffs) filed suit against Cedars-Sinai Medical Center, and California Rehabilitation Institute, LLC, alleging: (1) elder/dependent adult abuse/neglect; (2) negligence/professional negligence; and (3) loss of consortium. Now, Plaintiff David Rodriguez (Plaintiff) moves to compel further production from Defendant to his Request for Production (RFP) No. 3. Discussion Defendant argues that good cause exists to compel a response to RFP No. 3 b...

Excerpt: ...sions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; (6) Song-Beverly Consumer Warranty Act Civil Code section 1793.2(b). Now, GM moves for a judgment on the pleadings as to the first, second, and third causes of action. GM also moves to strike Plaintiff's prayer for punitive damages. Discussion GM argues that Plaintiff has not alleged any facts which could support the claims sounding in fraud (i.e., the first...

Excerpt: ...t against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a second amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission of contract; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code sections 2945, et seq.; (9) financial elder abuse; and (1...

Excerpt: ... Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. On 10/24/2022, leave to amend was granted to allow Plaintiff to add a cause of action for malicious prosecution, and to add two new defendants (the 9418 Action Plaintiffs Ben Naim and Joseph Cohen). Now, Defendants Cohen, Pourbaba, and Naim specially move to strike Plaintiff's malicious prosecution caus...

Excerpt: ...(1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. Now, Plaintiff moves for an ord...

Excerpt: .../2022, Plaintiff CBD Franchising, Inc. (Plaintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendant One Day moves to compel further respon...

Excerpt: ...tal declaration. On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract...

Excerpt: ...ertime compensation; (3) failure to provide meal and rest periods; (4) failure to provide itemized wage and hour statements; (5) waiting time penalties; (6) Private Attorney General Act (PAGA); (7) failure to permit inspection of personnel and payroll records; and (8) unfair competition. Now, Plaintiff and Defendant (collectively, the Parties) jointly more for an order approving the PAGA settlement. Discussion The Settlement Agreement provides fo...

Excerpt: ...t claim. On 2/22/2021, Plaintiff Jesse Janto (Plaintiff) filed suit against Los Angeles County, Los Angeles County Sheriff, and Los Angeles County Correctional Health Services, alleging: (1) general negligence; (2) intentional tort; and (3) medical negligence/malpractice. Now, Defendant County of Los Angeles (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background This lawsui...

Excerpt: ...sustained, with 15 days leave to amend, as to the seventh cause of action. Defendant's motion to strike is granted. Plaintiff must file a motion for leave to amend in order to plead additional causes of action. On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 2/15/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) ...

Excerpt: ... an individual and as assignee of Pieces of Eight #1, LLC, Benzion Weiss, and Channah Weiss, filed suit against SNF manager, Inc., Ira Smedra, and Jacob Wintner as Defendants, and Wire Oak SNF, LLC, Long Star SNF Holdings, LLC, Lone Star SNF Holdings II, LLC, and Lone Star SNF Holdings III, LLC, alleging: (1) fraudulent misrepresentation; (2) breach of fiduciary duty; (3) fraudulent misrepresentation; (4) breach of fiduciary duty; (5) breach of c...

Excerpt: ...ainst Good Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Terrence J. Fitzgibbons, M.D (Dr. Fitzgibbons) and Jonathan R. Saluta, M.D (Dr. Saluta) separately move for summary judgment. For ease, the Court has consolidated its ruling into a single analysis. Factual Background Plaintiff, who was 23-years-old at the time, alleges failure to proper...

Excerpt: ...nity Company, alleging: (1) violation of the Consumer Legal Remedies Act; (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code section 7071.5. Now, Plaintiff moves for an order to serve the Summons and Complaint on Defendan...

Excerpt: ...tlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” (CCP § 1021.) “It is well established that the determination of what constitutes reasonable...

Excerpt: ...fei Koh, alleging: (1) disability discrimination; (2) disability harassment; (3) retaliation; (3) failure to engage in the interactive process; (4) failure to accommodate; (5) failure to prevent/investigate/correct; (6) failure to prevent/investigate/correct; (7) wrongful termination; (4) violation of wage and hour; (9) violation of Labor Code section 1102.5; and (19) unfair business practices. Now, Defendants Labcorp and Chanfei Koh (collectivel...

Excerpt: ... and Hayat Trust, Eshagh Khoubian, individually and as trustee of the Eshagh and Hayat Trust, and the Eshagh and Hayat Trust filed suit against 58 Defendants, alleging: (1) fraud; (2) negligent misrepresentation; (3) negligence; (4) breach of contract; (5) breach of warranty; (6) negligence; (7) breach of contract; (8) strict products liability; (9) negligence/strict products liability; and (10) civil remedies for Penal Code sections 484 and 496....

Excerpt: ...w, Defendant Azar Barani (Defendant) moves to set aside the entry of default judgment. Discussion This action was filed back in 2009, and a default judgment was entered on July 27, 2010. Notice of entry of judgment was sent out on July 27, 2010, and the underlying judgment was renewed on June 11, 2020. Defendant's motion to set aside was filed March 15, 2023. CCP section 473, subdivision (b), provides in pertinent part: "The court may, upon any t...

Excerpt: ...Inc., Club Demonstration Services, Inc., and Advantage Sales & Marketing, LLC, alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination. Now, Plaintiff moves to compel the depositions of WDS's persons most qualified (PMQ), CDS's PMQ, ASM's PMQ, A...

Excerpt: ...uthern Motion, Inc. (SOUTHERN MOTION or Southern Motion), setting forth a claim for declaratory relief and a claim for breach of contract. Southern Motion answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of ...

Excerpt: ...: (1) defamation per se; (2) defamation per quod; (3) trade libel; (4) violation of Business and Professions Code section 17200; and (5) intentional interference with contractual relations. Now, Defendants Sadr Law Firm and Kasra Sadr move to set aside judgment and enter a new judgment in favor of Defendants. For ease, the Court has consolidated its analysis into a single ruling. Discussion I. Defendant Sadr Law Firm Defendants argue that the Cou...

Excerpt: ...s, Inc. v. California Department of Education, OAH No. 2011050012, which was affirmed by the California Court of Appeal in Golden Day Schools, Inc. v. Office of Administrative Hearings (2017) 8 Cal.App.5th 1012, and (ii) Golden Day Schools, Inc. v. California Department of Education, OAH Nos. 2015090982, 2015110288, which was not appealed and is final (collectively, the OAH Proceedings). At issue here are two disagreements: (1) whether or not the...