Excerpt: ...cal Marketing, Inc. (NKP), and David Suiaunoa, alleging: (1) intentional infliction of emotional distress; (2) assault; (3) intentional interference with prospective economic advantage; and (4) interference with contractual relations. Now, NKP moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's claims against it. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may mo...

Excerpt: ...e Resources Guaranty Company (TRGC), alleging: (1) breach of contract; (2) breach of covenant of good faith and fair dealings; (3) breach of implied covenant of good faith and fair dealing; (4) unfair business practices; (5) negligence; and (6) declaratory judgment. Now, Plaintiff moves for a special motion to strike TRGC's motion for sanctions. Discussion Plaintiff argues that TRGC's motion for sanctions should be struck because it targets prote...

Excerpt: ...g after 1/22/2014. On 1/22/2018, Plaintiff filed suit. On 11/28/2018, Plaintiff Jesse Daniels filed a first amended complaint (FAC). On 2/24/2021, Plaintiff filed a second amended complaint (SAC) against NorthStar Sourcing Group, LLC, NorthStar Sourcing LLC, and Robert Perkin (collectively, Defendants), alleging: (1) breach of contract; (2) fraud; (3) breach of the covenant of good faith and fair dealing; (4) concealment/fraud in the inducement; ...

Excerpt: ...her & Co. filed suit against David Phillips (Phillips), NKP Medical Marketing, Inc. (NKP), and David Suiaunoa, alleging: (1) intentional infliction of emotional distress; (2) assault; (3) intentional interference with prospective economic advantage; and (4) interference with contractual relations. Now, Defendant NKP Medical Marketing, Inc. (Defendant) moves for leave to conduct a mental examination of Plaintiff. Legal Standard In any case in whic...

Excerpt: ...kson filed suit against 5468 East Gotham Street LLC d/b/a Briarcrest Nursing Center, Win Win Enterprises, LLC, and Shersher, LP (collectively, Defendants). On 12/15/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence; and (2) violation for the Elder and Dependent Adult Civil Protection Act. Now, Defendant Gotham (Defendant) demurs to Plaintiff's second cause of action. Defendant also moves to strike portions of Plaintif...

Excerpt: ...020, Plaintiff Whitney Rolland Reed II (Plaintiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sheriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern, alleging: (1) breach of mandatory duties; (2) failure to summon medical care; (3) negligence; (4) violation of the Bane Act; and (5) intentional infliction of...

Excerpt: ...007 Jeannie Yates Revocable Trust (Plaintiff) filed suit against Milestone Financial, LLC (Defendant). On 11/24/2021, Plaintiff filed a first amended complaint (FAC), alleging: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2923.6(c); (3) violation of Civil Code section 2923.7; (4) violation of Civil Code section 2924.9; (5) violation of Civil Code section 2924.10; (6) unfair business practices; (7) violation of C...

Excerpt: ...(3) waiting time penalties; (4) failure to provide accurate wage statements; (5) conversion; (6) discharge in violation of public policy; (7) unlawful retaliation; (8) unlawful retaliation; (9) unlawful retaliation; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; and (12) California Private Attorney General Act (PAGA). On 4/24/2018, Plaintiff filed a complaint against Defendant LLP Production Se...

Excerpt: ...rd amended complaint (TAC) against the American Civil Liberties Union of Southern California (ACLU-SC), the ACLU Foundation of Southern California (ACLU Foundation), Hector Villagra, and Jessica Farris (collectively, Defendants) alleging: (1) hostile work environment harassment; (2) discrimination; (3) retaliation in violation of FEHA; (4) failure to prevent harassment; (5) retaliation; (6) wrongful discharge; (7) violation of Labor Code section ...

Excerpt: ...egasus Aviation Group, LLC (collectively, Defendants) alleging: (1) quiet title; (2) conversion; (3) negligence; and (4) negligence per se. Now, Defendants move to dismiss or stay this action on the grounds of forum non conveniens. Legal Standard California Code of Civil Procedure § 410.30 provides: “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outs...

Excerpt: ...az, alleging: (1) malicious prosecution; (2) aiding and abetting malicious prosecution. On 12/13/2021, Plaintiff entered into two separate stipulations dismissing Gridley, Kane, Ballmer & Berkman and Manoucher Sarbaz from this action. On 1/6/2022, the Court granted the Weiss Defendants' anti-SLAPP motion. Now, the Weiss Defendants move to recover $56,190 in attorney fees and costs. Legal Standard The party claiming attorneys' fees must establish ...

Excerpt: ..., alleging: (1) breach of written contract; and (2) quantum meruit. On 7/24/2020, Brian Kennedy filed a lawsuit against Karish & Bjorgum PC (KB), Alfred Eric Bjorgum, LTL Attorneys LLP, Sheppard, Mullin, Richter & Hampton, LLP (SMRH), and Joseph Francis Coyne, Jr., alleging: (1) professional negligence; (2) breach of written contract; (3) breach of fiduciary duty; and (4) California Financial Elder Abuse. On 11/1/2021, this Court granted Kennedy'...

Excerpt: ...itigate these claims. The seventh and eighth causes of action are hereby ordered stricken from the Cross-Complaint. On 8/7/2020, Plaintiff Mirae Kim (Plaintiff) filed suit against JC Trade, Inc. d/b/a JC Currency Exchange and Hanna You, alleging: (1) failure to pay overtime compensation; (2) failure to pay wages; (3) failure to pay wages in a timely manner; (4) failure to pay meal and rest period compensation; (5) failure to furnish complaint wag...

Excerpt: ...ity member; 3) unjust enrichment; 4) violation of Business & Professions Code §§ 17200 et seq.; 5) accounting. On 10/25/17, Liolios Group filed a XC against Both, Geoffrey Plank, Grant Stude, and Capital Market Access, LLC (Capital), setting forth claims for 1) breach of contract; 2) misappropriation of trade secrets; 3) intentional interference with contract; and 4) intentional interference with prospective economic advantage. On 12/13/17, Bot...

Excerpt: ...reclosure; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) promissory estoppel; and (5) unfair business practices. Now, Defendant demurs to Plaintiff's Complaint in its entirety. Defendant also moves to strike portions of Plaintiff's Complaint. Legal Standards A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrer...

Excerpt: ...is time. On 4/20/2021, Broadcast Music, Inc (BMI) filed an complaint in interpleader against Alexander Collin Baker, Clara Veseliza Baker aka Clair Marlo, and Adam Bravery, LLC. Now, Defendant Baker moves to compel further responses to his Requests for Admission (RFAs), Requests for Production (RFPs) and Special Interrogatories from BMI. Discussion As a preliminary matter, Baker may not avoid filing fees by consolidating multiple motions into a s...

Excerpt: ...) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) false promise; (7) unfair business practices; and (8) intentional infliction of emotional distress. Now, Defendants move for a protective order in connection with Plaintiff's noticed deposition of Kawhi Leonard. Factual Background This dispute concerns the circumstanc...

Excerpt: ...laintiffs Mary Balser and Suzzane Land (collectively, Plaintiffs) filed suit. On 11/8/2021, Plaintiffs filed a third amended complaint (SAC) against Interinsurance Exchange of the Auto Club (Exchange), Scott Mackenzie (Mackenzie), Shelley Macintosh (Macintosh), Automobile Club of Southern California (Auto Club), ACSC Management Services, Inc. Strictly Contents, Strictly Contents Restoration, LLC, Excel Restoration, Excel Contents Restoration, Inc...

Excerpt: ... action. On 4/28/2020, Cross-Complainant Los Angeles Centers for Alcohol and Drug Abuse, Inc. (LACAD) filed a cross-complaint against Katherine Sang Eun Koo and Susan Ho (collectively, Cross-Defendants). Now, Cross-Defendants move for a determination of good faith settlement. The motion is unopposed. Legal Standard In an action where it is alleged that two or more parties are joint tortfeasors, “a settling party may give notice of settlement to...

Excerpt: ...hia as an individual and on behalf of Graphic Research, Inc. dba Gtek/Bycan Systems filed a second amended complaint (SAC) against Prashant Vaghashia, Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 9/21/2018, GRI filed a cross-complaint against Graphic Research, LLC, alleging quiet title and ...

Excerpt: ... breach of covenant of quiet enjoyment; (3) breach of warranty of habitability; (4) negligence; (5) nuisance; (6) violation of California Civil Code section 52.1; (7) violation of California Civil Code section 1942.4; (8) fraud; (9) unfair business practices; (10) intentional infliction of emotional distress; (11) retaliation; and (12) constructive eviction. Now, Defendants' demur to the entirety of Plaintiff's Complaint. Legal Standard A demurre...

Excerpt: ...ordered stayed pending the completion of arbitration proceedings. On 9/17/2021, Plaintiff Lenin Hernandez filed suit against Atlantic Solutions Group, Inc. dba Empire Workforce Solutions, Chartwell Staffing Services, Inc., and the Shyft Group USA, Inc dba Royal Truck Body (Shyft Group). Now, Defendant Atlantic Solutions Group, Inc. (Defendant) moves to compel arbitration of Plaintiff's Complaint and stay proceedings. The motion is joined by the S...

Excerpt: ...(FAC) against Babak Sarrafzadeh aka Bob Sarraf (Sarraf), individually and as a trustee of the Jonatari Irrevocable Trust, Sharen Golshan, and Kaveh Kevin Golshan (collectively, Defendants), alleging: (1) declaratory relief; (2) creditors suit in aid of enforcement of judgment; (3) creditor's bill in equity; (4) quia timet; and (5) quiet title. Now, Defendant Sarraf moves for a judgment on the pleadings. Factual Background In July 2010, Plaintiff ...

Excerpt: ...er is sustained with 20 days leave to amend as to the race-related retaliation and the $10,000 donation allegations. Defendant's demurrer is overruled as to the allegations related to misclassification and the perjurious declaration. On 3/23/2020, Plaintiff Daniel Rodriguez (Plaintiff) filed suit against City of Baldwin Park (Defendant). On 9/21/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) discrimination; (2) harassment; (3...

Excerpt: .... (909 Development) On 1/27/2022, Plaintiff's motion for an order imposing liability upon Neufeld Marks for failure to comply with writ of execution and notice of levy pursuant to CCP section 701.20 was granted. Now, Bullseye moves to recover attorney fees totaling $204,936.29 and costs totaling $2,594.40. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic W...

Excerpt: ...ility upon Neufeld Marks for failure to comply with writ of execution and notice of levy pursuant to CCP section 701.20 was granted. Now, Neufeld Marks moves for relief from order pursuant to CCP section 473b. Legal Standard CCP § 473(b) provides in part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his o...

Excerpt: ...provide meal and rest periods; (3) waiting time penalties; (4) failure to provide accurate wage statements; (5) conversion; (6) discharge in violation of public policy; (7) unlawful retaliation; (8) unlawful retaliation; (9) unlawful retaliation; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; and (12) California Private Attorney General Act (PAGA). On 4/24/2018, Plaintiff filed a complaint agai...

Excerpt: ...a Revocable Living Trust and Melina Wilson initiated this action. On 2/5/2020, Plaintiffs filed a second amended complaint (SAC), alleging: (1) financial elder abuse; (2) quiet title; (3) fraud— intentional misrepresentation; (4) rescission; (5) conspiracy to commit fraud; (6) fraud— intentional misrepresentation ; (7) official misconduct of a notary public; (8) negligence per se; (9) cancellation of instrument; (10) conspiracy to commit frau...

Excerpt: ...RT, MOOT IN PART: - The motion is DENIED as to requests to strike the fourth and sixth causes of action in their entirety - The motion is MOOT as to the prayer for attorney fees. On 6/25/2021, Plaintiff Farbod Sadegh (Plaintiff) filed suit against Reliant Motor Group, LLC, Joshua Gille, Gille Enterprises, and Mark Kim, alleging: (1) breach of fiduciary duty; (2) wrongful discharge in violation of public policy; (3) breach of operating agreement; ...

Excerpt: ...; (4) intentional misrepresentation; and (5) negligent misrepresentation. The Court sustained Defendant's demurrer to the first two causes of action without leave to amend, leaving only the three fraud-based causes of action. Now, Defendant moves for summary judgment of Plaintiff's Complaint. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if i...

Excerpt: ...ranty of habitability; (3) negligent maintenance of premises; (4) nuisance; (5) intentional infliction of emotional distress (IIED); and (6) elder abuse. Now, Defendant moves for summary adjudication of the fifth and six causes of action, as well as Plaintiff's prayer for punitive damages. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if it i...

Excerpt: ...ainst the American Civil Liberties Union of Southern California (ACLU-SC), the ACLU Foundation of Southern California (ACLU Foundation), Hector Villagra, and Jessica Farris (collectively, Defendants) alleging: (1) hostile work environment harassment; (2) discrimination; (3) retaliation in violation of FEHA; (4) failure to prevent harassment; (5) retaliation; (6) wrongful discharge; (7) violation of Labor Code section 1198.5; and (8) violation of ...

Excerpt: ...otential dates within 10 days of entry of this order. Defendant is sanctioned $1, 050.00 Plaintiff's motion to strike Defendants' demurrer and extension declaration is GRANTED. Plaintiff is to seek the entry of default against Defendants with the Clerk's Office. On 7/30/2021, Plaintiff Inferno California, Inc. (Plaintiff) filed suit against New City Releasing, Inc. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the induce...

Excerpt: ... situated, initiated this action against L.A. Downtown Medical Center, LLC, L.A. Downtown Medical Center-Ingleside Campus, LLC, Silver Lake Medical Center, Inc., and Promise Healthcare of California, Inc. On 8/19/2021, Plaintiff filed a first amended complaint (FAC). Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion is unopposed. Discussion The parties have agreed to settle this lawsuit for a nonrev...

Excerpt: ...2019, Plaintiff Gerardo Fernandez Urbina (Plaintiff) filed suit against Jose L. Manzanares (Defendant), alleging: (1) specific performance of real estate purchase agreement; (2) breach of contract; (3) fraud; and (4) negligent misrepresentation. On 10/12/2021, Plaintiff's motion to have his requests for admission (RFAs) deemed admitted was granted. Now, Plaintiff moves for summary judgment, or summary adjudication in the alternative, of Defendant...

Excerpt: ...endant Carter's motion for a protective order is GRANTED. On 6/9/2017, Plaintiff Andrew Nunemacher (Plaintiff) filed suit against Dwayne Michael Carter Jr aka Lil Wayne (Carter), Young Money Entertainment, Vivendi SA aka Universal Music Group, SBE Entertainment Group, LLC, Hyde Nightclub, Made Hollywood, and Spoonful Management, LLC, alleging: (1) assault & battery; (2) violation of the Ralph Civil Rights Act; (3) intentional infliction of emotio...

Excerpt: ... sustained, without leave to amend. Defendants' motion to strike is DENIED. On September 27, 2020, Plaintiffs Estate of Tok Hui Till, Sunja Ja Lam, and Jonathan Till (collectively, Plaintiffs) initiated this action. On November 9, 2021, Plaintiffs filed a fourth amended complaint (4AC), alleging: (1) wrongful death; (2) violation of Welfare and Institutions Code section 15610.57; (3) negligence; and (4) negligent hiring, supervision, and retentio...

Excerpt: ...e A. Dobson, alleging malicious prosecution. Now, Defendants Dobson and the Law Offices of Michele A. Dobson (collectively, Defendants) move for summary judgment of Plaintiff's Complaint. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” Th...

Excerpt: ... also DENIED. On August 30, 2019 Plaintiff Hasan Tehranchi (Plaintiff) filed suit against Golnaz Afgo Ahmadi and Blo & Fill Bar LLC (Defendants).On 6/29/2021, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of fiduciary duty; (2) accounting; (3) unjust enrichment; (4) fraud; and (5) constructive trust. On 11/15/2021, the Court sustained Defendant's demurrer to the fourth cause of action, with ten days leave to amend. To date,...

Excerpt: ...uo, and Alhambra Educational Foundation (AEF). On 1/7/2022, Plaintiff filed a fifth amended complaint (5AC), alleging: (1) writ of mandate; (2) racial discrimination; (3) age discrimination; (4) disability discrimination; (5) harassment; (6) failure to engage in interactive process; (7) failure to reasonably accommodate; (8) failure to prevent discrimination and harassment; (9) violation of Labor Code section 1102.5(b)(c); (10) intentional inflic...

Excerpt: ...unitive damages. - Defendant's motion for summary adjudication is DENIED as to the first and second causes of action. On 12/13/2019, Plaintiff Annette Renteria (Plaintiff) filed suit against Robert Pashman, M.D., Terrence Kim, M.D., Omar Durra, M.D., and Cedars-Sinai Medical Center (CSMC), alleging: (1) negligence; (2) medical battery; and (3) fraud. Now, Dr. Pashman (Defendant) moves for summary judgment, or summary adjudication in the alternati...

Excerpt: ... establish a claim to escheated property on behalf of himself and Shawn Aaron Duccini. Discussion Louis A. Duccini died on 6/29/2015 and apparently left Michael and Shawn Duccini as the only beneficiaries of her living trust. The Duccini brothers were originally the grandchildren of Louise Duccini, but were later adopted by her and her husband. (See Petition, Exhs. C-D.) While half of the trust was distributed to Shawn Duccini, efforts to locate ...

Excerpt: ... of the Leah T. Sturgis Living Trust Dated September 12, 2006 (Plaintiff) filed suit against Jae S. Kim (Defendant), alleging: (1) partition and/or imposition of equitable easement based on encroachments; (2) judicial determination of boundaries; (3) intentional trespass; (4) negligent trespass; (5) forcible entry; and (6) intentional infliction of emotional distress (IIED). On 8/3/2021, Plaintiff substituted Doe 1 for Ocean Sunrise, LLC. On 2/18...

Excerpt: ... Now, Defendant and Cross-Defendant Universal Waste Systems, Inc. (Defendant) moves for determination of good faith settlement. The motion is unopposed. Legal Standard In an action where it is alleged that two or more parties are joint tortfeasors, “a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall in...

Excerpt: ...t's motion for summary adjudication is denied as to the first, third, fourth, fifth, sixth, eighth, and tenth causes of action, and as to Plaintiff's prayer for punitive damages. On 7/27/2020, Plaintiff Maria Perez (Plaintiff) filed suit against National Vision, Inc. d/b/a America's Best Contacts and Eyeglasses and Vartan Kyupelyan (collectively, Defendants), alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent; (...

Excerpt: ...ND as to the ninth causes of action. Defendant's motion to strike is GRANTED IN PART, DENIED IN PART: - Defendant Interlandi's motion to strike is granted as to the request for attorney fees. - Defendant Interlandi's motion is denied as to the prayer for punitive damages. On June 24, 2019, Plaintiff Peter Wolf-Millesi filed suit against Parvin Jamali, Mohsen Lotfimoghaddas, and Luigi Interlandi. On December 11, 2019, default was entered against M...

Excerpt: ...dam Bravery, LLC. Now, Defendant-in-Interpleader Adam Bravery, LLC (Defendant) moves for a judgment on the pleadings. Factual Background This action concerns a divorce dispute between Alexander Baker (Baker) and Clair Marlo (Marlo) over royalties to musical works created by them during the course of their marriage, and registered with BMI, a performing rights organization. While the marital dissolution action was pending, Baker assigned his share...

Excerpt: ...oves for summary judgment of Plaintiff's complaint. Discussion Leonardi contends that Plaintiff's Complaint is deficient because (1) the Complaint is not properly verified per CCP section 1166, and (2) the 3-day eviction notice fails to meet the notice requirements mandated by CCP section 1179.10. The Court addresses each contention in turn. I. 3-Day Eviction Notice Rules California law is strongly established that the requirements of CCP section...

Excerpt: ...hant) initiated this action against Accuretta, Inc., Brenda Kommareddy, and Govind Vashashia, asserting nine different causes of action. After a series of demurrers, Plaintiffs' Complaint was narrowed to a single cause of action for breach of implied-in-fact contract asserted by Prashant against Accuretta, Inc. and Brenda Kommareddy (collectively, Defendants). Now, Defendants move for summary judgment of Prashant's single cause of action against ...

Excerpt: ...65. Now, Enchante Accessories, Inc. (Enchante) moves for leave to allow Enchante to intervene in this action. The motion is unopposed. Factual Background This action arises out of alleged exposure to the chemical DEHP allegedly caused by handling a mirror with suction cups manufactured by Enchante (identified in the Notice of Violations as “Pro Image 5x Suction Cup Mirror”; “Hot Tools Professional”; “Style HT79”; “1059I”; 1287 090...