Excerpt: ...dant demurs to Plaintiff's Complaint. Factual Background This action arises out of Defendant's legal representation of Plaintiff during Plaintiff's father's probate (Probate Case). Discussion Defendant argues that Plaintiff's FAC still fails to allege facts which could show that her claim for professional negligence is not time-barred. CCP section 340.6 provides: An action against an attorney for a wrongful act or omission, other than for actual ...

Excerpt: ..., Americana Homes II, LLC, and the Americana at Brand, LLC, filed suit against Allied World Assurance Company (U.S.) Inc., Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher), alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; and (5) breach of fiduciary duty. Now, Gallagher moves to compel the deposi...

Excerpt: ...any, and Select, alleging: (1) wrongful termination; (2) retaliation; (3) disability discrimination; (4) failure to accommodate; (5) failure to engage in interactive process; (6) failure to take reasonable steps to prevent discrimination and retaliation; (7) failure to provide meal breaks; (8) failure to provide accurate itemized statements; (9) failure to provide accurate itemized statements; (10) failure to provide accurate itemized statements;...

Excerpt: ...urth, fifth, sixth, and seventh causes of action. On September 17, 2019, Plaintiff Princess Obienu (Plaintiff) filed suit against the County of Los Angeles Department of Health Services (Defendant), alleging: (1) race/national origin discrimination; (2) disability discrimination; (3) failure to accommodate disability; (4) failure to engage in the interactive process; (5) violation of the California Family Rights Act (CFRA); (6) violation of the C...

Excerpt: ...otion to compel arbitration. Now, Plaintiff moves to compel arbitration before JAMS rather than AAA, the forum which the parties are currently arbitrating in. Discussion Plaintiff argues that Defendant should be ordered to arbitrate this matter with JAMs because Defendant does not have the authority to initiate arbitration in the forum of their choosing without the express consent of Plaintiff. In support, Plaintiff cite the RISC which states tha...

Excerpt: ...st Kia Motors America, Inc. (Defendant), alleging violations of the Song-Beverly Act. Now, Defendant moves to compel Plaintiff Elachkar's second deposition. Defendant also moves to compel the deposition of the person most knowledgeable (PMK) at Custom Auto Crafts and requests the production of documents. Motion to Compel Second Deposition Defendant seeks an order for Plaintiff Elachkar to appear for a second session of her deposition. Defendant a...

Excerpt: ...fendants' demurrer is sustained, without leave to amend, as to the fifth cause of action Defendants' motion to strike is DENIED as to Plaintiff Zohar and MOOT as to Plaintiff Leeron. On 12/28/2021, Plaintiffs Zohar and Leeron Regev (collectively, 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 misr...

Excerpt: ... moves for summary judgment of Plaintiff's Complaint. Discussion As a preliminary matter, Plaintiff has since dismissed his third and fourth causes of action. Accordingly, this motion is moot as to those causes of action, and the Court limits its analysis to the first and second claims for express and implied breach of warranty. I. Express Warranty Defendant argues that Plaintiff's breach of express warranty fails as a matter of law because the t...

Excerpt: ...s for summary judgment of Plaintiff's Complaint. Discussion As a preliminary matter, Plaintiff has since dismissed his third and fourth causes of action. Accordingly, this motion is moot as to those causes of action, and the Court limits its analysis to the first and second claims for express and implied breach of warranty. I. Express Warranty Defendant argues that Plaintiff's breach of express warranty fails as a matter of law because the transm...

Excerpt: ...each of good faith and fair dealing. Now, Plaintiff moves for a preliminary injunction. Legal Standard CCP section 527(a) requires a motion for a preliminary injunction to establish with facts in affidavits or in a verified complaint that there are grounds to issue a preliminary injunction. ¿Declarations may be used under section 2015.5 because they are equivalent to an affidavit. The plaintiff has the burden of establishing that grounds exist f...

Excerpt: ...ays leave to amend as to the second cause of action's allegations concerning the separate client and as to Barba's claim concerning TMC - Cross-Defendant's demurrer is sustained, with 15 days leave to amend, as to the first, third, fourth, and fifth causes of action in their entirety. In light of this ruling, Cross-Defendant's motion to strike is MOOT. On 6/2/2022, Plaintiff Devin Ashburn (Plaintiff) filed suit against BPR Group, LLC (BPR) and Ja...

Excerpt: ...nyamini, Dan Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. Now, Plaintiff moves for leave to amend to file an amended complaint. Discussion Plaintiff seeks leave to amend to add a cause of action for malicious prosecution, and to add two new defendants (9418 Plaintiffs Ben Naim and Joseph Cohen) and new facts from the 9418 Action. Plaintiff contends...

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. Now, Plaintif...

Excerpt: ...nd Sangeeta Parekh, alleging: (1) sexual harassment; (2) harassment; (3) violation of FEHA; (4) discrimination; (5) retaliation; (6) violations of Labor Code; (7) failure to provide reasonable accommodation; (8) failure to engage in timely, good, interactive process; (9) failure to prevent violations of FEHA; (10) violation of public policy; (11) intentional/negligent infliction of emotional distress; (12) intentional/negligent infliction of emot...

Excerpt: ... Song-Beverly Act. 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 are fraud, duress, ...

Excerpt: ...ed Parcel Services, Inc., Enrique Hardegy, Hector Hernandez, Vincent O'Brian, and Imo Sepoleta (collectively, Defendants). alleging: (1) gender discrimination; (2) medical disability discrimination; (3) failure to reasonably accommodate; (4) failure to engage in the interactive process; (5) racial discrimination; (6) failure to prevent harassment and discrimination; (7) hostile work environment retaliation; (8) retaliation; (9) wrong termination;...

Excerpt: ...alse promise; (4) intentional misrepresentation; and (5) negligent misrepresentation. On 3/14/2022, Defendant's motion for summary judgment was granted. Now, Defendant moves for attorney fees totaling $250,710. Plaintiff moves to tax costs. Discussion Defendant seeks to recover $250,710 in attorney fees pursuant to the attorney fees clause of the NHPA. Here, the NHPA provided: In the event Meritage retains the service of one or more attorneys to ...

Excerpt: ...ve, LLC, alleging: (1) open book account; (2) account stated; (3) reasonable value; and (4) breach of contract. Now, Plaintiff moves for summary adjudication on its breach of contract cause of action. Plaintiff filed a notice of qualified non-opposition. Discussion Plaintiff argues that the undisputed evidence establishes its breach of contract cause of action. In support, Plaintiff submitted the following evidence: - Plaintiff is a collection ag...

Excerpt: ...t and declaratory judgment. Now, Plaintiff applies for (1) a right to attach order and (2) an order for issuance of writ of attachment. Discussion Plaintiff seeks a pre-judgment writ of attachment against Clark Parker and the Parkers' living trust to ensure that it can collect its debt. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachme...

Excerpt: ...ry judgment. Now, Plaintiff applies for (1) a right to attach order and (2) an order for issuance of writ of attachment. Discussion Plaintiff seeks a pre-judgment writ of attachment against Clark Parker and the Parkers' living trust to ensure that it can collect its debt. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an...

Excerpt: ... 5AIF Sycamore, LLC, 5AIF Juniper 2, LLC, Gene Clark, California TD Specialists, and FCI Lender Services, Inc., alleging: (1) breach of contract; (2) breach of oral promise; (3) breach of implied covenant of good faith and fair dealing; (4) negligent misrepresentation; (5) intentional misrepresentation; (6) fraud; (7) injunctive relief; (8) wrongful foreclosure; (9) to set aside foreclosure; (10) violation of Business and Professions code section...

Excerpt: ...nt (SAC) alleging: (1) violation of Civil Code section 1280; (2) violation of the Consumer Legal Remedies Act (CLRA); (3) breach of express warranty; (4) breach of express warranty (Magnuson-Moss Warranty Act); (5) breach of express warranty (Song- Beverly Consumer Warranty Act); (6) breach of implied warranty; (7) breach of implied warranty (Magnuson-Moss Warranty Act); (8) breach of implied warranty (Song-Beverly Consumer Warranty Act); violati...

Excerpt: ...individually filed this action asserting 30 causes of action. Despite entering into a stipulation on 9/21/2021 to file a FAC, Plaintiffs have yet to file a FAC. 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) demur to Plaintiffs' Complain...

Excerpt: ...vely, Defendants), alleging: (1) breach of express warranty; (2) breach of implied warranty; (3) violation of the Song-Beverly Act section 1793.2; and (4) negligent repair. Now, Defendants move for summary judgment of Plaintiff's Complaint. Discussion I. Song-Beverly Claims Defendants argue that Plaintiff cannot establish these claims because Ford fully complied with its obligations under the Song-Beverly Act (the Act), and promptly offered to re...

Excerpt: ...iff filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) work, labor, and services; (3) account stated; and (4) open book account. Now, Plaintiff moves to compel further responses to its Requests for Production (RFP) and Special Interrogatories. Discussion Plaintiff argues that Defendant's responses to RFP No. 4 and Special Interrogatory Nos. 6-9 are deficient. More specifically, Plaintiff argues the further responses are w...

Excerpt: ...: (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, One Day Doors and Closets, Inc., and One Day Enterprises (collectively, One Day Defendants) demur to the third and fourth causes of action. Discussion One Day Defendants argue that Plaintiffs third and fourth cause of action fail because they are predicated...

Excerpt: ...ng: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) accounting; (5) fraud; and (6) declaratory relief. Now, Defendant moves to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435...

Excerpt: ...ons of the Beverly-Song Consumer Warranty Act. Now, Defendant moves for a judgment on the pleadings as to the second and third causes of action. Discussion Defendant argues that Plaintiff cannot state a claim for common counts or fraud because the fraud cause of action is barred by the economic loss rule, and the common counts claim is duplicative of that claim. As for the first contention, the economic loss doctrine precludes recovery in tort wh...

Excerpt: ...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, Both, P...

Excerpt: ...etec Insurance Company, and One Ventures, LL, alleging: (1) breach 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 m...

Excerpt: ...int (TAC) against Defendant, alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; and (5) failure to pay overtime wages. Now, Defendant demurs to Plaintiff's first cause of action. Legal Standard 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 demurrers, courts ...

Excerpt: ...filed suit against the Kroger Co. (Kroger), Advantage Sales & Marketing, LLC (Advantage Sales), and Advantage Solutions, Inc. (Advantage Solutions) (collectively, Defendants), alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) aiding and abetting breach of fiduciary duty; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) quantum meruit; (7) intentional interference with contract; (8) intentional interference...

Excerpt: ...ely, Plaintiffs) filed suit against Ted Jones Ford, Inc. dba Ken Grody Ford Corporations and Ford Motor Company, alleging: (1) breach of express warranty; (3) breach of implied warranty; (3) violation of Beverly Act section 1793.2; and (4) negligent repair. Now, Defendant moves to compel further depositions of Plaintiffs. Discussion Defendant seeks to compel further deposition of Plaintiffs. Defendant contends that “Plaintiffs Israel Hernandez ...

Excerpt: ...ettac Asian Foods, Inc. (Defendant), alleging: (1) violation of CCP section 1281.98; and (2) breach of contract. Now, Defendant moves for summary judgment of Plaintiff's Complaint. Factual Background This action concerns the failed arbitration of the parties in a previous dispute (Previous Action). Specifically, the parties agreed to arbitrate the Previous Dispute, and an invoice was issued by JAMS to Defendant for the arbitrator fees. While ther...

Excerpt: ... its face, the Complaint is for 1) personal injury and 2) defamation. On April 30, 2019, Plaintiff filed a FAC against Kota Commercial Assets, LLC, Kurt Bierschenk; Cactus Heating & Cooling; Mark Anthony Sarno; and Travelers Insurance, setting forth claims for 1) violation of Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); 2) violation of Civil Rights Act of 1964 (Title VI), and Title IX of the Education Am...

Excerpt: ... February 18, 2022, Plaintiff Rastegar & Matern filed a suit against Matern Law Group, PC and Matthew J. Matern alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) intentional interference with prospective economic relations; and (4) negligent interference with economic relations. On July 19, 2022, the Court denied Defendants' Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion). Plaintiff now moves for sanctions ...

Excerpt: ... against Defendant Jerry Johnson, et al. (hereinafter “Defendant”). On May 25, 2022, Plaintiff filed his Fourth Amended Complaint (“4AC”) alleging: (1) Breach of Fiduciary Duty, (2) Resulting Trust, and (3) Breach of Fiduciary Duty. On June 27, 2022, Defendant filed a Demurrer to Plaintiff's Fourth Amended Complaint requesting the Court to dismiss all claims against Defendant, and specifically demurring to Plaintiff's First Cause of Actio...

Excerpt: ...ess warranty, (2) violation of Song-Beverly Act – breach of implied warranty, (3) violation of the Song-Beverly Act section 1793.2, (4) fraudulent inducement – concealment. Plaintiff now moves for leave to file a First Amended Complaint (“FAC”). Legal Standard Pursuant to CCP section 473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or s...

Excerpt: ...nt is GRANTED. On October 19, 2020, Plaintiffs Marion Newman, by and through her Successor- in-Interest, Tiffany Newman, and Tiffany Newman (collectively “Plaintiffs”) filed a complaint against Defendant KND Development 52, LLC dba Kindred Hospital Baldwin Park (“KND”) for (1) elder abuse (pursuant to Welfare and Institutions Code § 15600, et seq.) and (2) wrongful death. The complaint also named Debbie Newman, Donna Shelvin, Wesley Newm...

Excerpt: ...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 infliction of emotional distress; and (11) common law and st...

Excerpt: ... Kiki Freeman, Perfect Kush (PKCC), and Erwin Partners, LLC, alleging: (1) breach of written contract; (2) breach of oral contract; (3) breach of fiduciary duty; (4) negligent misrepresentation; (5) intentional misrepresentation; (6) negligence; (7) declaratory relief; (8) intentional interference with contractual relations; (9) breach of covenant of good faith and fair dealing; (10) breach of implied contract; (11) constructive fraud; (12) an ac...

Excerpt: ...nd Matt Alba, Inc. (MAI), alleging: (1) breach of fiduciary duty; (2) breach of statutory duties and to compel inspection of corporate records and information pursuant to California statute; (3) accounting; (4) involuntary dissolution of company; (5) involuntary dissolution of company; (6) appointment of receiver and injunctive relief; (7) retaliation and wage claim; and (8) breach of contract. Now, Plaintiffs move for a preliminary injunction. F...

Excerpt: ...iolations of statutory obligations. Now, Defendant moves to compel Plaintiff to arbitrate his 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 ar...

Excerpt: ...in all other regards. On 09/21/17, Plaintiff Ronald Andrew Both filed a Complaint against Jeffrey Scott Liolios and Liolios Group, setting forth claims for 1) breach of fiduciary duty; 2) oppression of minority 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...

Excerpt: ...tion. - Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the fourth and fifth causes of action. On 10/20/2021, Plaintiff Leobardo Guzman (Plaintiff) filed suit against Arcadia, Inc. On 5/18/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) discrimination on the basis of associational disability; (2) harassment; (3) retaliation; (4) failure to provide reasonable accommodation; (5) failure to engage in the interacti...

Excerpt: ...a Driskell, by and through her success-in-interest, Teresa Smothermon, and Terea 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; ad (4) wrongful death. Now, Defendants move to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an a...

Excerpt: ...ant of quiet enjoyment; (3) breach of implied warranty of habitability; (4) breach of statutory warranty of habitability; (5) negligence; (6) nuisance; (7) fraud; (8) violation of Civil Code section 1942.4; (9) violation of Civil Code section 1950.5; (10) violation of Civil Code section 52.1; (11) violation of Los Angeles Municipal Code section 151.09; (12) unfair business practices; (13) violation of Business and Professions Code section 17200; ...

Excerpt: ...BSLA] or Doe 2). On 4/4/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence; (2) negligent supervision of alleged perpetrator; (3) negligent hiring and retention; and (4) negligent supervision of a minor. Now, BBBSA demurs to Plaintiffs' FAC. Legal Standard 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 demurre...

Excerpt: ..., Plaintiff alleges Nex Label, Inc. and Next Label as Doe Defendants 1 and 2. Now, Defendants Ponce and Next Label (collectively, Defendants) demur to Plaintiff's FAC. The motion is unopposed. Legal Standard 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 demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City o...

Excerpt: ...udication is DENIED in all other regards. On 2/10/2021, Lexington Insurance Company (Lexington) initiated this action against Liberty Mutual Insurance Company (Liberty). On 1/18/2022, Lexington filed a first amended complaint (FAC) for equitable subrogation, equitable contribution, and indemnity. On 4/1/2021, Liberty filed a cross-complaint against Lexington. On 8/16/2022, Liberty dismissed its cross-complaint. Now, Lexington moves for summary ju...

Excerpt: ...intiffs) filed suit against Ted Jones Ford, Inc. dba Ken Grody Ford Corporations and Ford Motor Company, alleging: (1) breach of express warranty; (3) breach of implied warranty; (3) violation of Beverly Act section 1793.2; and (4) negligent repair. Now, Plaintiffs move to compel further responses from Defendant to RFP Nos. 16, 22, 24, 34, and 36. Plaintiff also seeks monetary sanctions. Discussion Here, the RFPs at issue for this motion include ...

Excerpt: ...r; and (2) constructive fraudulent transfer. Now, Defendants moves for a deposit of undertaking. Discussion Defendants argue that Plaintiff is required to post security for attorney fees and costs, pursuant to CCP section 1030. CCP section 1030 provides: (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order re...

Excerpt: ...artinez and 32 others filed suit against David F. Freeman, individually and as trustee of the Avid F. Freeman Living Trust dated 3/20/2014, Monarch Apartments Owner, LLC, and Crescent Canyon Corp., alleging: (1) breach of implied warranty of habitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress; (5) private nuisance; (6) violation of Civil Code section 1942.4; (7) v...

Excerpt: ... sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.¿ (Donabedian v. Mercury Ins. ...

Excerpt: ...ury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure of mechanic's lien; (2) breach of contract; (3) common count for work, labor, and services-agreed price; (4) common count for work, labor, and services-reasonable value; and (5)...

Excerpt: ..., Defendants) . Now, Defendants move for a special motion to strike Plaintiff's Complaint. The motion is unopposed. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; Fox Searchlig...

Excerpt: ...faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) concealment; and (6) false promise. Now, Defendants move for summary adjudication of the first, second, and third causes of action.[1] Objections CCP 437c, subdivision (q) provides: In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of ...

Excerpt: ...ng: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) concealment; and (6) false promise. Now, Defendant West demurs to the fourth, fifth, and sixth causes of action. Legal Standard 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 demurrers...

Excerpt: ...o compel further responses to her discovery. Discussion Plaintiff argues that she is entitled to further responses to her discovery. However, in opposition, Defendant argues that Plaintiff's motion is procedurally deficient and premature. The Court agrees. To be ripe procedurally, a motion to compel further responses to requests for production must demonstrate a good faith meet and confer effort at informal resolution of each issue presented. (Se...

Excerpt: ...mnity; (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 CSS demur (collectively, Defendants) to Whatley's XC. Legal Standard A demurrer for sufficiency tests wheth...

Excerpt: ...s' demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND as to the conspiracy and 42 USC section 1985(3) claim. Defendant's 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), alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discriminati...

Excerpt: ...4/27/2022, the Court denied DBC's application for good faith settlement without prejudice. On 7/21/2022, the Court granted DBC's motion for summary adjudication. Now, DBC renews its motion for determination of good faith settlement. Discussion The Court previously denied DBC's application for good faith settlement on the grounds that it had submitted insufficient evidence to show that the settlement was in the “reasonable range” of its share ...

Excerpt: ...lly Ann Woods (Plaintiff) filed suit against 1741 Granville Condominiums Homeowners Association, Rubin Properties, Inc., and Heather Miller (collectively, Defendants). On 4/4/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of governing documents; (2) breach of fiduciary duty; (3) violation of the Stirling-Davis Act; (4) negligence; (5) breach of implied covenant of good faith and fair dealing; and (6) declaratory relief...

Excerpt: ...nion 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 Business and Professions Code sectio...

Excerpt: ...] or Doe 2). On 4/4/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence; (2) negligent supervision of alleged perpetrator; (3) negligent hiring and retention; and (4) negligent supervision of a minor. Now, BBBSA demurs to Plaintiffs' FAC. Legal Standard 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 demurrers, ...

Excerpt: ...olations of the Song-Beverly Consumer Warranty Act. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. [1] 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 s...

Excerpt: ... Yoo's demurrer is overruled as to the third cause of action On 1/20/2022, Plaintiff Celine Shin (Plaintiff) filed suit against Sang Yeo and Vetoben alleging: (1) breach of contract; (2) fraud; and (3) conversion. On 2/17/2022, Cross-Complainant Sang Yeo (Cross-Complainant) filed suit against Celine Shin, alleging: (1) defamation; (2) assault and battery; (3) negligence; and (4) intentional infliction of emotional distress. On 4/20/2022, Yeo file...

Excerpt: ...rera (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 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 ...

Excerpt: ...ing Institute of California, Inc. and Shoreh Ershadi alleging: (1) fraudulent transfer; and (2) constructive fraudulent transfer. In Plaintiff's previous action against Defendants, Plaintiff's motion for summary judgment was granted on 2/25/2019. On 8/13/2019, this Court entered a judgment in favor of Adonis Kish and against Defendant Antiaging Institute of California for a sum total of $666,945.40. Now, in this action, Defendant Antiaging moves ...

Excerpt: ...ng Institute of California, Inc. and Shoreh Ershadi alleging: (1) fraudulent transfer; and (2) constructive fraudulent transfer. In Plaintiff's previous action against Defendants, Plaintiff's motion for summary judgment was granted on 2/25/2019. On 8/13/2019, this Court entered a judgment in favor of Adonis Kish and against Defendant Antiaging Institute of California for a sum total of $666,945.40. Now, in this action, Defendant Antiaging moves t...

Excerpt: ...erly 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, Defendant moves for summary adjudication as to the fourth cause of action and Plaintiffs' prayer for punitive damages. Procedural Issue Plaintiffs argues that Defendant's motion must be denied as Defendant provided insufficient notice, and this deficiency was...

Excerpt: ...0, Zhou Cai and Vita Selection, Inc. filed a cross-complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence. On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) fraud. Now, MKM Defen...

Excerpt: ...(3) fraud; (4) unfair business practices; (5) involuntary dissolution of the corporation; (6) failure to pay minimum hourly wages and overtime wages; (7) knowing and intentional failure to comply with accurate itemized employee wage statement provisions; (8) waiting time penalties; (9) civil penalties for Labor Code violations; and (10) breach of contract. Now, Defendants Ming Li and Yu Fan (collectively, Defendants) move to stay this entire acti...

Excerpt: ...On 2/8/2022, Plaintiff filed a first amended petition (FAP) against Defendants seeking: (1) a writ of mandate; (2) injunctive relief; and (3) declaratory relief. Now, Respondents City of Los Angeles, Eric Garcetti, and Dana Brown (collectively, Respondents) demur to Petitioner's petition. Legal Standard 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...

Excerpt: .... Defendant's motion to strike is DENIED. On 8/12/2021, Plaintiff Courtney and Brian Gregory (collectively, Plaintiffs) filed suit against One Thousand Grand Avenue Holdings, LLC (Defendant). On 1/27/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; and (4) malicious prosecution. Now, Defendant demurs to Plaintiffs' FAC in its entirety. Defendant...

Excerpt: ...stey de Paris, Inc. On 12/28/2021, Plaintiff Stephen Gregory Mastey (Plaintiff) filed suit against Mastey de Paris, Inc., Lesley Calderon, Erick Calderon, Revucell Organics, LLC, Henri Mastey, and the Henri Mastey Living Trust (collectively, Defendants), alleging: (1) breach of contract; (2) breach of contract; (3) breach of contract; (3) unjust enrichment; (5) fraudulent concealment; (6) conversion; (7) breach of fiduciary responsibilities; (8) ...

Excerpt: ...AC) 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, Defendants demur to Plaintiff's first cause of action and the prayer for punitive damages. Discussion Defendants argue that they ...

Excerpt: ... Song-Beverly Act. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Discussion The party moving to compel arbitration “bears the burden of proving [the] existence [of an arbitration agreement] by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) The moving party also bears the burden of demonstrating that the claims fall within the scope of the arbitration agre...

Excerpt: ...ing: (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. Now, Defendants/Cross-Complainants SMRH and Coyn...

Excerpt: ...to the sixth, seventh, and eight causes of action. On 11/1/2021, Plaintiff Xiaolu Zhou (Plaintiff) filed a shareholder derivative complaint for: (1) breach of fiduciary duty; (2) shareholder's right of inspection and accounting; (3) fraud; (4) unfair business practices; (5) involuntary dissolution of the corporation; (6) failure to pay minimum hourly wages and overtime wages; (7) knowing and intentional failure to comply with accurate itemized em...

Excerpt: ...ication on the issue of whether Bangluck Market (the Market) has the duty to defend DBC against Plaintiff's claims. Discussion DBC argues that the Market owes it a duty to indemnify because Plaintiff's injury was caused by the Market's employees, and thus falls within the express scope of the indemnification clause. In support, DBC submitted the following: - The parties' lease agreement contained an indemnity clause which provides: Indemnity. Exc...

Excerpt: ...sion Plaintiff seeks an order compelling Defendant to produce the following records: 1. The complete LAPD Internal Affairs investigation file (including but not limited to the: (1) complaint face sheet; (2) complaint adjudication form; (3) letter of transmittal; (4) complaint investigation report; (5) addenda to the complaint investigation report; (6) complete witness interviews in audio format, transcript format, or both; and (7) chronological l...

Excerpt: ...ffs) filed 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, Defendants move for judgment on the pleadings of Plaintiffs' Complaint. Evidentiary Objections Plaintiffs argue that they do not allege that the car is used, and that the Court may not properly consid...

Excerpt: ... economic relations; and (4) negligent interference with economic relations. Now, Defendants move to specially strike Plaintiff's Complaint. Legal Standard A court employs a two-step analysis in determining whether a claim should be stricken under the anti-SLAPP statute. “In the first step, the defendant bears the initial burden of making a prima facie showing that the claim ‘aris[es] from any act of that person in furtherance of the person's...

Excerpt: ... filed suit against Lomita Kiwanis Gardens, Inc., alleging: (1) business tort; (2) negligence; (3) trespass; (4) private nuisance; and (5) injunctive relief. Now, Defendant moves to strike Plaintiff's prayer for punitive damages. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.) A motion ...

Excerpt: ...WITHOUT LEAVE TO AMEND as to the third cause of action. Defendant Chung's 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 February 24, 2020, Plaintiffs filed a first amended complaint (FAC) against the Los Angeles Centers for Alcohol and Drug Abuse and Connie Chung, alleging: (1) wrongful death; (2) violation of Welfare and I...

Excerpt: ... section 187 provides: When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of ...

Excerpt: ...murrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.¿ (Donabedian v. Mer...

Excerpt: ...breach of fiduciary duty; (5) declaration of resulting trust; and (6) imposition of a constructive trust. Now, Defendant demurs to Plaintiff's Complaint. Legal Standard 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 demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power�...

Excerpt: ...ry 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, Defendant moves to strike Plaintiff's prayer for punitive damages. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.) A ...

Excerpt: ...On 7/7/2021, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) promissory estoppel. Now, Plaintiff seeks leave to amend to file a third amended complaint (TAC). Discussion Plaintiff seeks leave to amend to add three fraud causes of action: (1) intentional misrepresentation; (2) concealment; and (3) false promise. Plaintiff contends that they ar...

Excerpt: ...erruled in all other regards. On 5/5/2021, Jeremy Bijaoui (Plaintiff) initiated this action. On 2/10/2022, Plaintiff filed a first amended complaint (FAC) against Zadock Eugene Marshall, Laquittah Quiana, Freeman aka Kiki Freeman, Freeman Kush, and Erwin Partners, LLC, alleging: (1) breach of written contract; (2) breach of oral contract; (3) breach of fiduciary duty; (4) negligent misrepresentation; (5) intentional misrepresentation; (6) neglige...

Excerpt: ...se 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 wage statement...

Excerpt: ...LLC, and Victor Mendiola, alleging: (1) fraud and intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; (8) violation of Civil Code section 2079. Now, Defendants Intero Real Estate Service, Inc. and Intero Franchise Services, Inc. (collectively, Intero Defendants) demur to Plaintiff's...

Excerpt: ...re to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, Defendant moves to tax Plaintiffs costs. Discussion Defendant argues that Plaintiff's costs should be taxed because the amount of costs claimed—$26,932.84�...

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, Defendant moves for a ne...

Excerpt: ...th (collectively, Plaintiffs) filed suit against Robert Ashley, Nathan Ashley, and Mahin Ashley (collectively, Defendants), alleging: (1) negligence; (2) nuisance; (3) trespass; (4) fraud; and (5) negligent misrepresentation. Now, Defendants demur to Plaintiff's fourth and fifth causes of action. Defendants also move to strike portions of Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause o...

Excerpt: ...y; (3) forcible detainer; (4) breach of the covenant of quiet enjoyment and possession; and (5) conversion. Now, specially appearing Defendants Mideb Nominee's Inc. and Fifth Street Funding, Inc. (Moving Parties) move to quash service of summons. Factual Background The real property at issue in this action is located at 541 S. Spring Street, Suite #134-137, Los Angeles, California 90013 (the Subject Property). Plaintiff alleges that it fell behin...

Excerpt: ...he request to strike attorney fees. On 10/7/2021, Ariel Williamson Maule and 32 other members of the Iota Sweethearts, Inc. (collectively, Plaintiffs) initiated this action against the Iota Sweethearts, Inc. (ISI). On 12/1/2021, Plaintiffs filed a first amended complaint (FAC), alleging: (1) violation of California Corporations Code section 5341; and (2) violation of California Corporations Code section 5222. Now, Defendants demur to the Plaintif...

Excerpt: ...Now, Defendant moves to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.) A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in confor...