Excerpt: ..., Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty, (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief Defendant Kauai Lagoons Grand Avenue Partners, LLC moves for $3,431,281 00 in attomey's fees. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corpor...

Excerpt: ... a Complaint against Defendants Paul Rivero and Amaya Rivero for elder abuse and intentional infliction of emotional distress. Defendants now demur to both causes of action for failure to state facts sufficient to constitute a cause of action. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegatio...

Excerpt: ... Baggett, by and through representatives Janet Baggett and 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, Plainti...

Excerpt: ...ed suit against New City Releasing, Inc. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract Now, Plaintiff moves to compel compliance with third-party subpoena for Nile Niami and the person most qualified (PMQ) of Marbella Construction, Inc. Discussion Plaintiff argues that good cause exists to compel the deposition of Nile Niami on behalf of Marbella Construction because neither of ...

Excerpt: ...Daniels and Bleaker Damels_ The complaint is for 1) breach of contract, 2) common count; 3) violation of civil code 8800; and 4) foreclosure of mechanic lien. On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint_ On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeowners Association, U Insurance, and Mercur...

Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...

Excerpt: ...Plaintiff now moves for an order to enter judgment pursuant to the terms of the stipulated settlement reached by the parties in this case on 1/20/2023_ The motion IS unopposed Legal Standard Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasonable warning. (Health & Saf_ Code 25249 6 ) Private indi...

Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...

Excerpt: ...Zhao and Bowei Zhang (collectively, Plaintiffs) filed a first amended complaint (FAC) against FCC Logistics and Jeremy Wong, alleging: (1) conversion; (2) possession of personal property and damage; and (3) declaratory relief. On April 15, 2019, FCC Logistics filed a cross-complaint (XC) against Guangyu Zhao, Bowei Zhang, JZ USA Group Inc., Kevin Qu, Gua Investment, Inc , Qiang Hua, Spartan Auto Collection, and United Auto Finance, alleging. (1) ...

Excerpt: ...hem. On September 1 , 2020, Plaintiff filed a sa•ond 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 fore-closure; and (11) reformation of contract Now, Plaintiff seeks an order of assignment and restraining order. Discussion Plaintiff seeks assi...

Excerpt: ...al Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 CalApp_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 establis...

Excerpt: ... 10/25/2022, Plaintiff Arsalan Hamidi (Plaintiff) filed suit against Brett Gagnon, George B. Gagnon, Geminon Properties, LLC, and Ashley R. Gagnon (collectively, Defendants), alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud, (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) ce...

Excerpt: ...e (5) court days prior. In light of this ruling, Plaintiffs motion to compel the deposition of Defendant's PMK is MOOT. On 4/21/2021 Plaintiff Amy Soza (Plaintiff) filed suit against Nissan North America, Inc. alleging violations of the Song-Beverly Act. Now, Defendant moves to compel arbitration of Plaintiffs Complaint Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Coult shall order the pet...

Excerpt: ...ealment; (3) violation of the Unfair Competition law; (4) violation of Califomia Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. Now, Defendants Intero Real Estate Service, Inc. and Intero Franchise Services, Inc. (collectively, Intero Defendants or Defendants) move for summary judgment, or in the alternative summary adjudication, of Plaintiffs SAC. Fa...

Excerpt: ...ly Act (breach of express warranty), (2) violation of Song- Beverly Act (breach of implied warranty); (3) violation of Song-Beverly Act section 1793.2, and (4) fraudulent concealment Now, Plaintiffs seek to recover attorney fees totaling $193,789.50 Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 CalA...

Excerpt: ...g 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 2/18/2021, Defendant's unopposed ...

Excerpt: ...plaint (FAC). On 11/14/2022, Plaintiffs filed a second amended complaint (SAC) alleging: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of fiduciary duty; and (4) breach of contract. On 10/10/2022, Plaintiffs dismissed Angel Wayhang Kou and Umro Realty Group from the action. Now, Defendant Matthew Wilkie (Defendant) demurs to Plaintiff's third cause of action. Discussion Defendant argues that Plaintiff's SAC still ...

Excerpt: ...ed suit against Alo House Holdings, LLC and Acadia Malibu, Inc. (collectively, Defendants), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) wrongful termination; and (7) declaratory and injunctive relief. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and a ...

Excerpt: ...oons Grand Ave Partners, LLC; Timbers Resort Management, LLC; and Tower Kauai Lagoons, LLC. On 8/19/16, Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief. Now, Plaintiff moves for a new trial. Plaintiff also moves for a judgment notwithstanding the verdict. Legal Standard A verdict may be vacated and...

Excerpt: ...izade, and Masoumeh Siamizade. On 11/14/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) general negligence; and (2) intentional tort. Now, Defendants Steven Meier, MD and Steven W. Meier M.D., Inc dba Meier Orthopedic Sports Medicine (collectively, Defendants) demur to Plaintiff's FAC. The motions are unopposed. Discussion I. Negligence Defendants argue that Plaintiff has improperly alleged general negligence, rather than prof...

Excerpt: ...t; and (2) breach of the implied covenant of good faith and fair dealing. Now, Defendant moves for summary judgment, or, summary adjudication in the alternative, of Plaintiff's Complaint. Evidentiary Objections In light of the ruling, the Court does not rule on the submitted evidentiary objections. (CCP § 437c, sud. (q).) Discussion Defendant argues that Plaintiffs cannot state a claim because the policy excludes coverage when an insured makes a...

Excerpt: ...mplaint (FAC) against Whatley Kallas, LLP, Whatley Kallas, LLC, and Consumer Watchdog, alleging: (1) equitable indemnity; (2) contribution; and (3) declaratory relief. On 3/1/2022, Whatley Kallas, LLP (WK) filed a Cross-Complaint (XC) for implied equitable indemnity and declaratory relief against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, I...

Excerpt: ...against Downey Industrial Medical Group (DIMG), alleging: (1) breach of oral agreement; (2) breach of implied agreement; (3) promissory estoppel; (4) unjust enrichment; (5) account stated; (6) money had and received; (7) accounting; (8) constructive trust; (9) conversion; and (10) unfair business practices. On 10/19/2022, Plaintiffs Faramarz Fred Khallili (Khallili) and Lotus Medical Management (Lotus) filed a dismissal with prejudice, leaving on...

Excerpt: ...s liability. Now, Vons seeks a protective order precluding the deposition of Vons District Manager, Jennifer Holden. Discussion Vons argues that Plaintiff should be precluded from deposing Ms. Holden, given that she does not have any personal knowledge concerning the subject incident and is not involved in the day-to-day operations of the store. Moreover, Vons' management employees (David Vollmer and Michael Thomas) have already provided in exces...

Excerpt: ...), alleging: (1) breach of contract: breach of the implied covenant of good faith and fair dealing; (2) declaratory relief; (3) fraud; (4) breach of fiduciary duty; and (5) accounting. Now, Defendants move for a motion for judgment on the pleadings. Factual Background Plaintiff's action concerns allegations that he holds a 40% interest in Gas Media Group (GMG). In turn, Defendants allege that while this was contemplated, such an agreement was ult...