Excerpt: ...t agaist Christophe Schatteman, Danielle Schatteman, Christophe and Danielle Schatteman as Trustees of the Christophe and Danielle Schatteman Living Trust 2006, Hair Fashion, Inc., teaming Up, Inc., CS & Associates, Inc., Cristophe Levyn Ownership Group, Inc. and Christophe-Levyn, LLC, alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) account stated; and (4) accounting. Now, Defendants Christophe...

Excerpt: ...d rest period premiums; (5) waiting time penalties; (6) non-compliant wage statements; (7) failure to reimburse business expenses; and (8) violation of Business and Professions Code section 17200. Now, Plaintiff moves for summary judgment of the Complaint. The motion is unopposed. Discussion Plaintiff argues that she is entitled to summary judgment because Defendant has admitted to the following: - Plaintiff was employed by Defendant from July 7,...

Excerpt: ...ent of Plaintiffs' Complaint. Discussion Defendant argues that it is entitled to judgment in its favor as a matter of law because Plaintiffs, who bought the vehicle at issue “used,” cannot pursue Song-Beverly claims for breach of implied warranty or breach of express warranty against GM concerning a vehicle that they did not buy as a “new motor vehicle.” In support, Defendant cites Nunez v. FCA US LLC (2021) 61 Cal. App. 5th 385, 399 as t...

Excerpt: ...en Associates, alleging: (1) negligence; (2) constructive eviction; and (3) breach of LAMC section 45.33. Now, Defendant Cedros Garden Associates (Defendant) demurs to Plaintiffs' Complaint. Discussion Defendant argues that Plaintiff's claims are insufficiently pled. After review, the Court disagrees. As for the first cause of action, Defendant argues that Plaintiffs have not alleged sufficient facts to state a claim for negligence because “Pla...

Excerpt: ...the agreement. On 12/5/2022, Plaintiff Sylvia Gates Carlisle (Plaintiff) filed suit against Beaver Medical Group, P.C., Optum, Inc., UnitedHealth Group, Inc., Epic Management Services, LLC, and Raymond Chan (collectively Defendants), alleging: (1) whistleblower retaliation; (2) race discrimination; (3) gender discrimination; (4) failure to prevent and/or remedy harassment, discrimination, or retaliation; (5) retaliation; (6) defamation; and (7) a...

Excerpt: ...r retaliation; (2) wrongful termination; (3) non-payment of earned wages; (4) failure to reimburse business expenses; (5) failure to pay overtime wages; (6) failure to provide duty-free meal periods; (7) failure to provide duty free rest periods; (8) failure to provide accurate itemized wage statements; (9) deficient pay penalties; and (10) waiting time penalties. Now, Defendant Yassine Amalla (Defendant) moves for summary judgment of Plaintiff's...

Excerpt: ...fy the law firm of Munger, Tolles & Olson LLP (MTO) as counsel for the Defendant. Discussion Plaintiff argues that MTO must be disqualified as Defendant's counsel because MTO is representing Defendant in a matter substantially related to MTO's previous representation of Plaintiff. In this case, Plaintiff has brought a claim for legal malpractice against Defendant for negligently drafting board consents to implement critical corporate governance c...

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

Excerpt: ... (Plaintiff) filed suit against the Estate of Reynold F. Paris, trustee of the Paris Family Trust, alleging: (1) rescission; (2) complaint in equity to set aside; (3) fraud; (4) fraud; (5) common counts; (6) common counts; (7) constructive trust; and (8) negligent infliction of emotional distress. Now, Chabad of Ojai Valley (COV) moves to set aside judgment and dismiss this case for lack of jurisdiction over the internal affairs of trusts. Discus...

Excerpt: ...) moves for a protective order providing that John Doe's 3 personal identifying information or likeness, including but not limited to a videotape of John Doe's deposition, (1) not be disclosed to anyone other than the attorneys in this matter, and (2) not be disclosed by the attorneys publicly. Discussion Plaintiff seeks a protective order on behalf of “John Doe”, an employee of Bigg Time Entertainment, Inc. Plaintiff argues that John Does is...

Excerpt: ...ted, 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 the proceedings of the court, jury¿or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;¿ ¿ (2)¿Misconduct of the jury;�...

Excerpt: ...h Defendant is sanctioned, jointly and severally with counsel, $1,750, due within 20 days of entry of this judgment. On 1/28/2022, Plaintiff Fifth Street Funding, Inc. and Mideb Nominees, Inc. (collectively, Plaintiffs) filed suit against Clayton's Public House, LP, EPG Development, Inc. dba Clayton's Construction, Elizabeth Peterson Group, Inc., Tony Gower Pubs, LLC, Elizabeth Peterson, Tony Gower, and Annette Zilinskas, alleging: (1) breach of ...

Excerpt: ...ors Trust (Vitar), seeking reimbursement. On 7/18/2023, Vitar filed a cross-complaint against Crusader, alleging: (1) breach of written contract; (2) insurance bad faith; (3) intentional misrepresentation; (4) elder abuse; and (5) declaratory relief. Now, Crusader moves to specially strike Vitar's cross-complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP mot...

Excerpt: ...1; (2) breach of implied covenant; (3) misrepresentations; and (4) negligence. Now, Defendants move to transfer this action to the Superior Court of the State of California for the County of San Mateo. Factual Background Each of Plaintiff's claims arise from her Instagram account—specifically, Meta's purported response to Plaintiff's Instagram account being hacked by an unknown third party. Discussion Defendants argue that this action is approp...

Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...

Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...

Excerpt: ...nc., Timothy James Parker, Clifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Defendant Archdiocese of Los Angeles (Defendant) moves for summary judgment of Plaintiff's Complaint. Discussion Defendant argues that summary judgment is appropriate here because Plaintiff cannot show that it owes a duty to protect Plaintiff from al...

Excerpt: ...aurant and Bar, alleging: (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage statements; (6) waiting time penalties; (7) failure to indemnify; (8) unfair competition; and (9) failure to permit inspection of personnel and payroll records. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where t...

Excerpt: ...nce J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Good Samaritan Hospital (Defendant) moves for summary judgment. Factual Background Plaintiff, who was 23 years old at the time, alleges failure to properly diagnose a compartment syndrome during his hospitalization at co-defendant Good Samaritan Hospital from January 24, 2020 until February 13, 2020. This failure allegedly resulted in the need for...

Excerpt: ...lifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Plaintiff moves to compel Defendant Clifford E. Peter Alllen's deposition. Plaintiff seeks monetary sanctions totaling $1,985.00. Discussion Plaintiff argues that Defendants have refused to provide deposition dates for Defendant Allen. However, as noted by Defendants, at the ti...

Excerpt: ..., Mount Vernon Fire Insurance Company, Snapp & Associates Insurance Services, LLC (SNAPP), Alkeme Insurance Services, Inc., and Robin Niehaus (collectively, Defendants), alleging: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of contract; (6) tortious breach of the implied covenant of good faith and fair dealing; and (7) declaratory relief. Now, Defendant Alkeme Insura...

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

Excerpt: ...D (collectively, Defendants), alleging: (1) housing discrimination; (2) violation of Unruh Civil 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 compel responses to their ...

Excerpt: ...nt action; (3) unfair business practices; and (4) negligence. Now, Plaintiff moves to enforce settlement. The motion is unopposed. Discussion Plaintiff seeks an order of entry of judgment and liquidated damages in the amount of $10,000 against Defendants Venice Development, Inc. and Sris Sinnathamby, pursuant to the terms of the Settlement Agreement entered into between the parties on 2/21/2023. Per the terms of the Settlement Agreement, Defendan...

Excerpt: ...s, alleging negligence. On 7/11/2023, Plaintiff was granted leave to amend to file a Second Amended Complaint (SAC). Now, Defendant Turner Construction Company and Silverado Contractors, Inc. (Defendants) demur to Plaintiff's negligence cause of action. Discussion Defendants argue that the new allegations against them in the SAC do not relate back to the original Complaint's allegations, and thus are barred by the applicable three- year statute o...