Excerpt: ...econd amended complaint (FAC) alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; (4) malicious prosecution; (5) breach of implied warranty of habitability; (6) intentional infliction of emotional distress; and (7) negligent misrepresentation. Now, Defendant moves for summary judgment of Plaintiff's SAC. Evidentiary Objections CCP section 437c, subdivision (q) provides: In granting or denying a motion...

Excerpt: ... her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) elder abuse; and (2) wrongful death. On 5/12/2022, Plaintiff substituted Pomona Valley Ho...

Excerpt: ...llowing costs: - Item No. 1: $34 - Item No.3: $40 - Item No.4: $30,31.70 - Item No.5: $213.46 - Item No.8: $4,730 - Item No.11: $610.15 - Item No.12: $34,112.40 - Item No.14: $903.50 - Item No.16: $50,113.96 The Court addresses each item in turn. As to Item No. 1, Defendant argues that Plaintiff has not justified $34 of the filing amount claimed. In opposition, Plaintiff clarified that the Court requires fees to file a stipulation and to fax-file...

Excerpt: ...: (1) race/national origin discrimination; (2) harassment; (3) failure to prevent discrimination; (4) retaliation; (5) retaliation; and (6) wrongful constructive termination. On 7/13/2021, the parties stipulated to an order dismissing Plaintiff's sixth cause of action for wrongful constructive termination. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's FAC. Evidentiary Objections CCP section ...

Excerpt: ...ions Code section 17200. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and seeks a stay of proceedings pending the completion of arbitration. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., �...

Excerpt: ...ericana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U.S.) 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) negligence; (4) negligent misrepresentation; and (5) breach ...

Excerpt: ... (FAC) alleging: (1) breach of contract/breach of quiet enjoyment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) fraud; (6) unfair business practices; and (7) intentional infliction of emotional distress. Now, Defendant demurs to the FAC in its entirety. Defendant also moves to strike portions of the FAC. Discussion Defendant argues that Plaintiff has failed to stat...

Excerpt: ...sts or waive its right to arbitration is granted. On 4/26/2022, Plaintiff Theresa Driskell, by and through her successor-in-interest, Teresa Smothermon (Plaintiff), and Teresa Smothermon (Smothermon) filed suit against SRG Pacific MGMT LLC, dba the Grove at Cerritos, and the Grove at Cerritos (collectively, Defendants) alleging: (1) elder abuse/neglect; (2) negligent/willful conduct; (3) breach of contract; and (4) wrongful death. On September 7,...

Excerpt: ...intiffs Jonathan Karsh and Rebecca Rosichan (collectively, “Plaintiffs”) filed a complaint against Defendants Endeavor Content, LLC, Film 45, LLLC, Michael Antinoro, and Max Wagner (collectively, “Defendants”), for breach of oral contract, anticipatory breach of contract, breach of fiduciary duty (partnership), and fraud. On December 15, 2022, Defendants demurred to the complaint. On January 27, 2023, Plaintiffs filed the operative First ...

Excerpt: ...dents”) seeking damages, restitution, equitable relief, and attorney's fees and costs for Respondents' alleged failure to pay overtime wages, violations of Labor Code sections 203 and 226, failure to pay commissions on sales, failure to reimburse work-related expenses, hostile work environment, harassment, discrimination, wrongful termination, and unfair business practices. On March 17, 2020, Plaintiff filed suit against Defendants. On February...

Excerpt: ...ertaining to the purchase of a Chevy Silverado. On December 6, 2021, Plaintiff filed suit against Defendants UAG OF CERRITOS I LLC dba PENSKE CHEVROLET OF CERRITOS (“Defendant Penkse”) and GENERAL MOTORS LLC (“Defendant GM”). On December 19, 2022, Plaintiff filed the instant Motion, moving for an order to compel Defendant GM to produce a Person(s) Most Qualified (“PMQ”) and Custodian of Records to be deposed. Legal Standard “If, aft...

Excerpt: ... agreement; (2) open book account; (3) account stated; and (4) breach of personal guarantee. On December 6, 2022, Defendants' request for dismissal was entered as to the entire action of all parties and all causes of action without waiver of court fees and costs. On December 14, 2022, Defendants filed a memorandum of costs seeking a total of $7,424.02 for: (1) filing and motion fees $627.44; (2) attorney fees $6,300.00; (3) electronic filing fees...

Excerpt: ...ific West”). Pacific West cross-complained against Vons but later requested dismissal without prejudice. Now, Pacific West moves for summary judgment against Plaintiff on grounds it had no duty to prevent Plaintiff from injuring herself on premises Pacific West did not own, lease, occupy, or control. Legal Standard “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 ...

Excerpt: ...dant entered into a contract for goods and services. Typecraft then assigned its rights to monies due to Plaintiff. On October 11, 2022, the Court granted Plaintiff's motion for summary judgment, but ruled that attorneys fees, if warranted, should be determined by a separate motion. On December 20, 2022, Plaintiff filed its memorandum of costs. Item 16 listed $10,205.94 in collection costs. Defendant now moves to tax Item 16 from Plaintiff's cost...

Excerpt: ...lleging causes of action for violation for the Song Beverly Act against Defendants Kia America, Inc. and Kia of Cerritos. Plaintiff moves the Court for terminating sanctions, or in the alternative evidentiary, issue, and monetary sanctions against Defendant Kia America, Inc. (hereinafter referred to as “Defendant”). Legal Standard If a party fails to comply with a court order compelling discovery responses, the court may impose monetary, issu...

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: ... and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. Now, Edward J. Siegler (Defendant) demurs to the second cause of action. Defendant also moves to strike portions of the Complaint. The motion is unopposed. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts to state a claim for breach of fiduciary duty. The elements of a claim for breach of fiduciary duty are nominally si...

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...

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: ...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: ...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: ...e. Plaintiff alleges that: At all relevant times defendants CHRISTIAN CROQUENOIS aka CHRISTIAN COQUENOIS was a licensed veterinarian and defendant CAHUENGA VETERINARY HOSPITAL was a licensed veterinary premises. Defendants CROQUENOIS aka COQUENOIS and CAHUENGA VETERINARY HOSPITAL contracted to provide veterinary services to plaintiff SOFIA SHINAS for her female Chow Gracie's excessive vomiting. Defendants CROQUE NOIS aka COQUENOIS, and CAHUENGA V...

Excerpt: ...iability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, the Clorox Company (Defendant) demurs to Plaintiffs' Complaint. Discussion Defendant argues that Plaintiffs have not alleged sufficient facts to meet the causation pleading threshold set forth in Bockrath v. Aldrich Chemical Company (1999) 21 Cal. 4th 71, 79. More specifically, Defendant argues that: (1) Plaintiffs have failed ...

Excerpt: ...ach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, specially appearing Defendant Jacqueline Ferrari moves to quash service of summons. Factual Background Plaintiff is the assignee of the claims of Shanghai Nex-T Co., Ltd. Plaintiff alleges that within the last four years, “Defendant AFN, on the one hand, and Nex-T, on the other hand, entered into a series ...

Excerpt: ...c. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract. Now, Plaintiff moves to compel the deposition of Nile Niami (Niami) on behalf of Juliami Art Ventures, LLC (Juliami) and Person Most Qualified (PMQ) for Juliami (collectively, the Deponents). Plaintiff also seeks monetary sanctions. Discussion Plaintiff argues that good cause exists to depose the Deponents, Deponents have failed ...

Excerpt: ...ach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, specially appearing Defendant Jacqueline Ferrari moves to quash service of summons. Factual Background Plaintiff is the assignee of the claims of Shanghai Nex-T Co., Ltd. Plaintiff alleges that within the last four years, “Defendant AFN, on the one hand, and Nex-T, on the other hand, entered into a series ...

Excerpt: ...c. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract. Now, Plaintiff moves to compel the deposition of Nile Niami (Niami) on behalf of Contemporary Vista, LLC (Contemporary Vista) and Person Most Qualified (PMQ) for Contemporary Vista (collectively, the Deponents). Plaintiff also seeks monetary sanctions. Discussion Plaintiff argues that good cause exists to depose the Deponents, De...

Excerpt: ...g violations of statutory obligations. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission...

Excerpt: ...LC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U.S.) 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) negligence; (4) negligent misrepresentation; a...

Excerpt: ...istress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following costs: - Item 1: Filing fees totaling $775.00. Defendant requests that the Court allows only $390.00 as costs for filing fees. - Item 2: Preparation of Original and copies of Clerk's Transcript or appendix in the amount of $1...

Excerpt: ...ejudice. On 8/26/2022, Plaintiff Cameron Abdo (Plaintiff) filed suit against Sonic Gods, Inc., Michelle Delamor, Chris Hayman, and Shane Edelman, alleging: (1) sex discrimination; (2) retaliation; (3) failure to prevent discrimination; (4) retaliation; (5) failure to comply with OSHA standards and retaliation; (6) wrongful termination; and (7) intentional infliction of emotional distress (IIED). Now, Shane Edelman (Defendant) demurs to the Compla...

Excerpt: ...-M Pipe Manufacturing Company, David Moore, Chuck Clark, David Christian, David Merritt, alleging: (1) gender discrimination; (2) sexual/gender harassment; (3) failure to prevent sexual/gender discrimination, harassment, and retaliation; (4) retaliation for opposing forbidden practices; and (5) injunctive relief. Now, Plaintiff moves to vacate the order to arbitrate. Discussion CCP section 1281.98 provides: (a)(1) In an employment or consumer arb...

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

Excerpt: ...it against Joy Fuller-Smith (Defendant), alleging: (1) breach of contract; and (2) common counts. On 10/12/2022, the Court granted Defendant's motion to set aside the entry of default. Now, Defendant moves to compel arbitration of the Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determi...

Excerpt: ... breach of governing documents; (2) breach of fiduciary duties; (3) breach of fiduciary duties; (4) nuisance; (5) negligence; (6) trespass; (7) violation of the Davis-Stirling Act; (8) violation of the Davis-Stirling Act; and (9) declaratory relief. Now, Plaintiff moves to compel further responses from the Association to her Requests for Production (RFPs), Form Interrogatories, Special Interrogatories, and Requests for Admission (RFAs). Discussio...

Excerpt: ... Hyundai Motor America (Defendant) entered into a binding settlement agreement and release (the Agreement.) Now, Plaintiff moves to enforce the settlement. Plaintiff seeks $3,060.00 in attorney fees and costs for having to proceed with this motion. Discussion Plaintiff argues that Defendant has failed to issue payment despite its obligation to do so under the Agreement. Paragraph 2 (a) through (b) of the Agreement states Defendant agrees to pay P...

Excerpt: ...failure to pay minimum wage; (4) failure to pay overtime wages; (5) failure to pay wages due upon termination: waiting time penalties; (6) failure to issue accurate itemized wage statements; (7) unlawful/unfair business practice; (8) wrongful termination; (9) retaliation; (10) failure to reimburse business expenses; and (11) failure to deliver personnel file. On 5/10/2022, the Court granted Defendant's motion to compel arbitration. On 10/24/2022,...

Excerpt: ...intiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 10/18/2022, Plaintiff filed a second amended complaint (SA)C alleging: (1) negligence; and (2) negligent infliction of emotional distress. Now, Defendants BDR and Christina Baer demur to Plaintiffs' Complaint. Christina Baer also moves to strike portions of Plaintiffs' Complaint. Factual Background In December 2012, Plainti...

Excerpt: ...h prejudice. On 5/12/2022, Plaintiff Travonne Borders (Plaintiff) filed suit against International Paper Company and Angie Doe (collectively, Defendants). On 7/29/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent; (5) retaliation; (6) failure to provide reasonable accommodation; (7) failure to engage in interactive process; (8) declaratory judgment; (9) wron...

Excerpt: ...ffs) initiated this action. On 12/6/2019, Plaintiffs filed a first amended complaint (FAC) against Khosrov Madenjian, trustee of the Madenjian Family Trust (Defendant), seeking partition. Now, Ara moves to compel further responses to his Requests for Production (RFPs) from Vahram. Ara also seeks monetary sanctions. Discussion Ara argues he is entitled to further RFP responses from Vahram in his capacity as Trustee of the Knarik Sevacherian Living...

Excerpt: ...y costs. Plaintiff's motion is denied in all other respects. Accordingly, the Court taxes $107,245.95 in costs, thereby reducing Defendant's cost award from $410.970.72 to $303,724.77. On March 21, 2017, Plaintiffs Kreitzman and Brian Senit (collectively, Plaintiffs) filed the instant action. On May 23, 2018, Plaintiffs filed a second amended complaint (SAC) against Mercury Casualty Company (Mercury), Sunny Hills Associates, Inc., Alliance Enviro...

Excerpt: ...t. Now, Defendant moves for summary judgment of Plaintiff's Complaint. The motion is unopposed. Discussion Defendants argues that Plaintiffs cannot establish their express warranty claims because they did not purchase a “new motor vehicle” or otherwise receive any new or additional warranty coverage from GM in connection with their used vehicle purchase. Defendants argue that Plaintiffs cannot establish their implied warranty claim because th...

Excerpt: ...f action is ordered dismissed, with prejudice. On November 4, 2019, Plaintiffs Terry Herrera and Teodora Herrera (collectively, Plaintiffs) filed suit 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 con...

Excerpt: ...nants, alleging eminent domain. Plaintiff now moves for an order of prejudgment possession. Discussion In order to avail itself of CCP section 1255.410, Plaintiff's motion, … shall describe the property of which the plaintiff is seeking to take possession, which description may be by reference to the complaint, and shall state the date after which the plaintiff is seeking to take possession of the property. The motion shall include a statement ...

Excerpt: ...s action. On 6/20/2018, Plaintiffs filed a second amended complaint (SAC) against Citrus Community College District, Vincent Patino, Eric Magellan in his individual and official capacity, and Robert Sammis in his individual and official capacity, alleging: (1) sexual harassment; (2) failure to take reasonable steps to prevent sexual harassment; (3) equal protection and due process; and (4) supervisorial liability; violation of civil rights. Now, ...

Excerpt: ...eging: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of the Song-Beverly Act section 1793.2. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the ...

Excerpt: ...tively, Defendants) move for a new trial. Defendant also move for a judgment notwithstanding the special verdict. Legal Standard A verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:¿ ¿ (1)¿Irregularity in...

Excerpt: ...n of the Unruh Act. Now, Defendant moves for a judgment on the pleadings. Factual Background Plaintiff is a blind individual. Plaintiff alleges that because of the allegedly missing alternative text and spacer images and empty links and forms, he and other blind or visually-impaired customers cannot "effectively brows[ e) for Defendant's auto dealership, amenities and services, privileges, advantages, and accommodations that exist online unlike s...

Excerpt: ... Management, Jasmine Minasian, Laura Almonacid, and Sarah Chang (collectively, Defendants), alleging: (1) negligence; (2) fraud; (3) fraud; (4) fraud; (5) intentional interference with prospective economic advantage; (6) negligent interference with prospective economic advantage; (7) breach of contract; (8) breach of fiduciary duty; (9) nuisance; and (10) punitive damages. Now, Defendants move to bifurcate trial. Discussion Defendants move for an...

Excerpt: ...of contract; (2) action on mechanics lien release bond; (3) enforcement of mechanics liens; and (4) common counts On 4/20/2022, the Court granted an order to expunge Plaintiff's mechanics lien. On 6/15/2022, the Court granted the Changs' motion for judgment on the pleadings. Now, the Changs move for attorney fees. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. ...

Excerpt: ...) initiated this action. 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. On 8/19/2022, the parties participated in an inform...

Excerpt: ...cal Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Defendant CHA Hollywood Medical Center, L.P. demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's claims are time-barred as a matter of law. More specifically, Defendant argues that Plaintiff's allegations all stem from conduct allegedl...

Excerpt: ...ef. Now, Plaintiff moves for consideration of his petition for relief. Legal Standard The Government Claims Act, Government Code sections 900 et seq., requires a litigant suing a public entity to present a prelitigation claim for damages to the public entity before filing suit. (Gov Code, §§ 910, 945.4, 950.) A timely claim is one that is made within six months after the date of accrual. (Gov. Code, § 911.2.) The same accrual rules that apply ...

Excerpt: ...gation. On 9/12/2022, Plaintiff Thomas D. Perez and Delia Lopez De Perez initiated tis suit against 32 Defendants, alleging: (1) negligence; (2) strict liability—failure to warn; (3) strict liability—design defect. Now, Defendant Interstate Chemical Company, Inc., individually and as successor- by-merger to Coleman Chemical, Inc., (Interstate) moves to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reac...

Excerpt: ...al Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Defendant Secure Nursing Service, Inc. (Defendant) demurs to Plaintiff's Complaint in its entirety. Discussion Defendant argues that Plaintiff's claims are time-barred as a matter of law. More specifically, Defendant argues that Plaintiff's allegations all stem ...

Excerpt: ...mplaint for battery. On 3/18/2019, J.K filed a cross-complaint Charter Communications, Inc., Charter Communications, LLC, and Frank Hernandez, alleging: (1) indemnity under Labor Code; (2) Indemnity under Corporations Code; (3) declaratory relief; (4) defamation; (5) failure to pay vacation (unused floating holiday) on termination; (6) failure to pay all wages due; (7) Private Attorney General Claim (PAGA); and (8) Business and Professions Code s...

Excerpt: ...endant argues that Plaintiff's action for unlawful detainer must fail as a matter of law because City Ordinance section 49.99.3 remains operative and bars eviction for nonpayment of rent due to COVID-19 related financial hardship. Section 49.99.3 of the City Ordinance provides that: During the Local Emergency Period and for three months thereafter, no Owner shall endeavor to evict or evict a tenant of Commercial Real Property for nonpayment of re...

Excerpt: ...ndants Los Angeles Unified School District (LAUSD), Governor Gavin Newsom, Los Angeles County Office of Education, City of Los Angeles and Barbara Romero demur to Plaintiff's FAC. While Defendants' demurrers were filed separately, the Court has consolidated its analysis due to the substantively similar arguments advanced by the moving parties. Discussion As a preliminary matter, the Court agrees with Defendants that the FAC does not comply with R...

Excerpt: ...chment; (4) an accounting; and (5) fraud, deceit, and misrepresentation of fact. Now, Defendant Kyle Lott moves to set aside the entry of default and/or leave to file a First Amended Complaint (FAC). Legal Standard Code of Civil Procedure (CCP) section 473, subdivision (b) provides: “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 again...

Excerpt: ...c. alleging: (1) breach of express warranty; (2) breach of implied warranty; (3) breach of express warranty; (4) violation of the Federal Magnuson-Moss Warranty Act; (5) violation of Business and Professions Code section 17200. Now, Defendants demur to Plaintiffs' fifth cause of action. Defendants also move to strike portion of Plaintiffs' Complaint. Discussion Defendants argue that Plaintiffs' fifth cause of action is uncertain and lacks the req...

Excerpt: ...of contract; (2) action on mechanics lien release bond; (3) enforcement of mechanics liens; and (4) common counts. On 4/20/2022, the Court granted an order to expunge Plaintiff's mechanics lien. On 6/15/2022, the Court granted the Changs motion for judgment on the pleadings. Now, the Changs move for attorney fees totaling $22,000. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of t...

Excerpt: ...d fourth causes of action. On 3/25/2022, Plaintiff Laurie Lashomb filed suit against the TJX Companies. On 9/30/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; and (4) age discrimination. Now, Defendant demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff cannot state a claim because her action (1) is tim...

Excerpt: ...: (1) trespass; (2) conversion; and (3) declaratory relief. On May 29, 2020, Cross-Complainant Yi Mei Investment, LLC (Yi Mei Investment) filed a cross-complaint (XC) against Cross-Defendant M&H Capital, Inc., alleging: (1) adverse possession; and (2) prescriptive easement. Now, Plaintiff/Cross-Defendant M&H Capital (Plaintiff) moves for summary adjudication of its first cause of action, as well as for summary judgment against Defendant/Cross-Com...

Excerpt: ...nswer. Discussion As a preliminary matter, there is no dispute that, as pled, Defendant's eighth affirmative defense is defective. In order to properly plead a statute of limitations defense, the answering party must either allege facts showing that the action is barred or plead the specific section and subdivision of the applicable statute of limitations statute as provided for in CCP§458. (See Brown v. World Church (1969) 72 Cal.App.2d 684, 69...

Excerpt: ...Plaintiffs) filed suit against Matthew Wilkie, Cal Developers, Inc., Angel Wayhang Kou, and Umro Realty Corp. On 7/26/2022, Plaintiffs filed a first amended complaint (FAC) alleging: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of fiduciary duty; (4) breach of contract; (5) declaratory relief. On 10/10/2022, Plaintiffs dismissed Angel Wayhang Kou and Umro Realty Group from the action. Now, Defendant Cal Developer...

Excerpt: ...Inc., Charter Communications, LLC, and Frank Hernandez, alleging: (1) indemnity under Labor Code; (2) Indemnity under Corporations Code; (3) declaratory relief; (4) defamation; (5) failure to pay vacation (unused floating holiday) on termination; (6) failure to pay all wages due; (7) Private Attorney General Claim (PAGA); and (8) Business and Professions Code section 17200. Now, Defendants and Cross-Defendant Charter Communications, Inc.'s and Ch...

Excerpt: ...h 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, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...

Excerpt: ...second cause of action. Defendants' motion to strike is DENIED. On 4/18/2022, Plaintiff Miriam Oguejiofor (Plaintiff) filed suit against Los Angeles Unified School District (the District), Maria Ricario, and James Koontz (collectively, Defendants). On 9/6/2022, Plaintiff filed a first amended complaint(FAC) alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discrimination; (5) conspiracy; and (...

Excerpt: ...2018, Wayne Brent by and though his surviving spouse and successor in interest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. Now, Defendants Fairooz Kabbinavar, MD, Chinsuk Kim, NP, Jenny J. Kim, MD, the Regents of the University of California, Paul Watkins, Administrator, Manuel Eskildsen, M.D., and Jonsson Comprehensive Cancer Center and Foundation/UCLA (collectively, Defendants) move to compe...

Excerpt: ...ts' demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the second cause of action. On 5/6/2021, Plaintiff Haydeh Motavassel (Plaintiff) initiated this action. On7/5/2022, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder financial abuse; (2) fraudulent misrepresentation; (3) conversion; and (4) intentional infliction of emotional distress. Now, Defendant In Suk Kim and Daniel Marshall (collectively, Defendants) demur to Plaint...

Excerpt: ...dant) moves to bifurcate trial. Discussion Defendant seeks to bifurcate the trial into three phases: Phase 1 of the trial would address Defendants' statutory affirmative defense: (1) the exposure to DEHP was below the statutory safe harbor level so that no warning is required, and/or (2) DEHP is not a human carcinogen so cancer warnings are not appropriate under Baxter supra 120 Cal.App.4th 348. In Phase 2, Plaintiff must establish that Defendant...

Excerpt: ...(1) partition of property; (2) breach of oral contract; (3) accounting; (4) unjust enrichment; (5) breach of the implied covenant of good faith and fair dealing; and (6) declaratory relief. Now, Plaintiff moves for summary judgment, or summary adjudication in the alternative, of her Complaint. The motion is unopposed. Discussion I. Partition Plaintiff's first cause of action seeks a partition of 839 E. 77th Street, Los Angeles (the Property). (SS...

Excerpt: ...us, Inc., Lamps Plus Holdings, Inc., and Cindy Beeson, alleging: (1) discrimination on the basis of age; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination; (4) breach of implied-in-fact contract not to terminate employment without good cause; and (5) intentional infliction of emotional distress. On 5/17/2021, Plaintiff dismissed Cindy Beeson from this action. Now, Defendant Lamps Plu...

Excerpt: ...elief; (3) inverse condemnation; and (4) violation of Civil Rights. Now, the City moves for a judgment on the pleadings as to the third and fourth causes of action. Discussion The City argues that Petitioner cannot state a claim for its third and fourth causes of action because these taking claims are not ripe, and does not allege sufficient facts to state a claim. The Court disagrees. The government may not take private property for public use w...

Excerpt: ...e Tuchmayer Trust dated 5/19/2014, Sara Putterflam, Dorit Tuchmayer, and Tally Lippman, alleging: (1) breach of warranty of habitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) breach of contract; (5) nuisance; (6) constructive eviction; (7) violation of the Los Angeles Rent Stabilization Ordinance; (8) breach of covenant of quiet enjoyment; (9) breach of the implied covenant of good faith and fair dealing; (...

Excerpt: ...vil Rights Act; (3) general negligence; (4) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. Now, Defendants move to strike Plaintiff's prayer for punitive damages from the Complaint. Legal Standard Motions to strike are used to reach d...

Excerpt: ...Act. On 8/19/2022, the Court granted Defendant's motion to compel arbitration. Now, Plaintiff moves to compel arbitration before any forum other than AAA. Discussion Plaintiff argues that Defendant should be ordered to arbitrate this matter with a forum other than the AAA. In support, Plaintiff cites the RISC which states that “You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org)...

Excerpt: ...ctual Background This action concerns Autograph, an American rock band formed in 1984 in Pasadena, California. Plaintiff alleges that Defendant voluntarily quit the band in 2019, at which time the three remaining band members continued playing as a band. This dispute concerns another members' right to continue publishing and performing under the Autograph name. Discussion Defendant argues that he lacks the requisite contacts with California for t...

Excerpt: ...vil 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.S.A.A. Insurance, and Mercury Insurance Group. Now, ATI seeks to recover attorney fees. Discussion As a preliminary matter, t...

Excerpt: ...ull Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) violation of Business and Professions Code section 7163; (8) breach of fiduciary duty; (9) cancellation of instruments; (11) declarat...