Excerpt: ..., Callino & Barnes aka the Barnes Firm, Vaziri Law Group APC, Jacoby & Meyers, Los Angeles Fire Department, Huntington Hospital, New visa Nursing & Rehab Center, and Blue Shield of California Healthcare Partners. Now, State Farm moves for an order discharging it from liability. The motion is unopposed. Discussion State Farm argues that it is entitled to be discharged from this action because it is a stakeholder only, it has no interest in the fun...

Excerpt: ... Notice of Related Case, informing the Court of Garland Connect, LLC v. HRRP Garland, LLC, Case No. BC692951. On 12/20/2021, Plaintiff filed a third amended complaint (TAC) against Rising Realty Partners, LP (Rising Realty), Christopher Rising (Christopher), Nelson Rising (Nelson), Tyson Strutzenberg, and Matthew Ahrens, alleging: (1) intentional interference with prospective economic advantage; (2) negligent interference with prospective economi...

Excerpt: ...Plaintiffs) filed suit against One Thousand Grand Avenue Holdings, LLC, alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; and (4) malicious prosecution. On 3/2/2022, Plaintiffs moved to compel further responses to their Responses for Production (RFP) Set One. Discussion Plaintiffs argue that this motion is necessary because Defendant has refused to serve full and complete verified responses. In oppo...

Excerpt: ... the first, second, and third causes of action. Defendants' motion to strike is DENIED. On 12/3/2021, Plaintiffs Rhina Tejada and the Southern California Housing Rights Center dba Housing Rights Center (collectively, Plaintiffs) filed suit against Vision Property Investments, LLC and Lea Rosenfeld, alleging: (1) violation of FEHA; (2) violation of the Unruh Act; (3) violation of Los Angeles Municipal Code sections 45.65- 45.69; and (4) negligence...

Excerpt: ...recover $2,914.28. Plaintiff Adonis Kish (Plaintiff) brought suit against Antiaging Institute of California, Inc. and Shoreh Ershadi. On 7/27/2018, Plaintiff's motion for summary judgment was granted. 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. A proposed judgment naming only Antiaging Institute was granted. Defendant Ershadi was not br...

Excerpt: ...800; 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. On 3/15/2017, Clinton Monfort (Monfort) filed a cross-complaint for indemnity against TBG. ...

Excerpt: ...ly Act—breach of implied warranty; (3) violation of the Song Beverly Act section 1793.2; (4) violation of Business and Professions Code section 17200; and (5) violation of the consumer legal remedies act section 1750, et seq. Now, Defendant moves ex parte for an order striking Plaintiff's untimely expert designation. Simultaneously Plaintiff moves ex parte for an order for relief from untimely expert designation. Discussion The parties' trial i...

Excerpt: ...failure to provide rest periods; (4) failure to provide itemized wage statements; (5) waiting time penalties; (6) private attorney general act (PAGA); and (7) failure to permit inspection of personnel and payroll records. Now, Plaintiff moves to approve the PAGA settlement agreement. The motion is unopposed. Legal Standard A superior court must review and approve any penalties sought as part of a proposed¿settlement¿agreement pursuant to § 269...

Excerpt: ... (3) failure to engage in the interactive process; (4) failure to provide reasonable accommodation; (5) failure to prevent discrimination, harassment, or retaliation; (6) discrimination on the basis of the California Family Rights Act; (7) wrongful termination; and (8) defamation per se. Now, Defendants move for dismissal pursuant to CCP section 664.6. Discussion Defendants argue that this action should be dismissed pursuant to an settlement agre...

Excerpt: ...tion alleging violations of the Song-Beverly Act. 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...

Excerpt: ...view) as judgment debtor. The motion is unopposed. Legal Standard Pursuant to CCP § 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors. Section 187 grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code. Section 187 states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a ...

Excerpt: ...ly 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) violation of L.A.M.C. section 45.33; and (8) violation of Business and...

Excerpt: ...Inc. (collectively, Defendants), alleging: (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, Defendants demur to Plaintiff's Complaint. Defendants also move to strike portions of Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (200...

Excerpt: ...ant) alleging: (1) breach of express warranty; (2) breach of implied warranty; (3) breach of Song-Beverly Act section 1793.2; and (4) fraudulent inducement-concealment. 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...

Excerpt: ...Dishondra Denise Hoskins, Daniel Marshall, Rexina Mize, Toi'ya Leatherwood, Mihn Nguyen, and Diamante Mize, alleging: (1) elder financial abuse; (2) fraud by concealment; (3) conversion; (4) intentional infliction of emotional distress; (5) civil conspiracy; and (6) intentional interference with contractual relations. On 10/26/2021, the Court granted Defendants Dishondra Denise Hoskins's, Rexina Mize's, Toi'ya Leatherwood's, Mihn Nguyen's, and Di...

Excerpt: ...filed suit against Justin Monempour as an individual and as the Trustee of the Martel Trust (Defendant). On 7/14/2021, Plaintiff filed a second amended complaint (SAC), alleging: (1) declaratory action as to property interest; (2) specific performance (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; and (5) quiet title. On 10/1/2021, the Court sustained Defendant's demurrer to Plaintiff's SAC without leave to...

Excerpt: ...(4) retaliation; and (5) failure to prevent harassment or discrimination or retaliation. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication, of Plaintiff's Complaint. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or pr...

Excerpt: ... jointly and severally, for $1,050 to LAH. Payment is due within 30 days of entry of this order. On 12/3/2019, Plaintiff TNT Building Corporation dba TNT Simmonds filed suit. On 1/17/2020, Plaintiff filed a first amended complaint (FAC) against Lah-Eaton, LLC, Joel H. Chang, Chieko Dan, Suretec Insurance Company, and One Ventures, LL, alleging: (1) breach of contract; (2) action on mechanics lien release bond; (3) enforcement of mechanics liens; ...

Excerpt: ...r the Song-Beverly Consumer Warranty Act (Song-Beverly). Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and stay this action pending the completion of arbitration proceedings. 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: ...lder'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 employee wage statement provisions; (8) waiting time penalties; (9) civil penalties for Labor Code violations; and (10) breach of contract. Now, Defendant LAB57 moves for an order requirin...

Excerpt: ...Defendants' demurrer is overruled as to the third cause of action Defendants' motion to strike is DENIED. On 6/29/2022, Plaintiff Homeyoon Ebraim-Nehoray (Plaintiff) filed suit against Farzin Aghaipour, Shahla Sassounian, and Pacific Construction (collectively, Defendants). On 1/3/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) trespass; and (3) private nuisance. Now, Defendants demur to Plaintiff's FAC...

Excerpt: ...lleging: (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 Sheppard,...

Excerpt: ... Plaintiff moves to approve the PAGA settlement agreement. The motion is unopposed. Legal Standard A superior court must review and approve any penalties sought as part of a proposed¿settlement¿agreement pursuant to § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in the action. (Lab. Code § 2699(g)(1).) “[C]ivil penalties recovered by aggrieved employees shall be d...

Excerpt: ...tive process; (4) retaliation in violation of the FEHA; (5) failure to prevent; (6) retaliation in violation of the CFRA; (8) violation of California Labor Code section 98.6 and 1102.5, et seq.; and (9) wrongful termination. On 2/7/2022, the Court granted Defendant's motion for summary judgment. Now, Plaintiff moves for a new trial. Discussion Plaintiff argues that she is entitled to a new trial due to error in law, against law, insufficiency of ...

Excerpt: ...ctice; (4) quiet title; and (5) declaratory relief. Now, Select Portfolio Servicing, Inc (SPS) and the Bank of New York Mellon, as successor trustee f/b/o holders of structured asset mortgage investments II, Inc., Bear Stearns Alt-A Trust 2006-2, mortgage pass-through certificates series 2006-2 (collectively, Defendants) demurrer to Plaintiff's Complaint. Discussion Defendants argues that Plaintiff's Complaint fails because she lacks standing as ...

Excerpt: ...lation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. On 7/17/2020, the Court granted Defendants' motion for a stay of proceedings. Now, Plaintiff moves to lift the stay. Discussion In its 7/17/2020 ruling, the Court granted Defendant's request for a stay writing: …Plaintiff alleges that Defendants' private-label seaweed products violate Proposition 65. Defendants have allocated their responsibility to warn to the...

Excerpt: ...uit against Ford Motor Company (Defendant). Plaintiff's second amended complaint (SAC) alleges: (1) violation of the Song Beverly Act—breach of express warranty; (2) violation of the Song Beverly Act—breach of implied warranty; (3) violation of the Song Beverly Act section 1793.2; (4) violation of Business and Professions Code section 17200; and (5) violation of the consumer legal remedies act section 1750, et seq. Now, Defendant moves for su...

Excerpt: ...., and Sentry Select Insurance Company, alleging: (1) violation of the Consumers Legal Remedies Act; (2) breach of the implied warranty of merchantability; (3) breach of express warranty; (4) failure to commence repairs within a reasonable time and to complete them within 30 days; (5) failure to promptly repurchase product; (6) violation of the unfair competition law; (7) fraud and deceit; (8) negligent misrepresentation; and (9) violation of Veh...

Excerpt: ...t against Reliant Motor Group, LLC (Reliant), Joshua Gille, Gille Enterprises, and Mark Kim, alleging: (1) breach of fiduciary duty; (2) wrongful discharge in violation of public policy; (3) breach of operating agreement; (4) retaliation; (5) violation of California Labor Code section 1198.5(b); (6) violation of California Corporations Codes section 17704.10(a); (7) violation of California Corporations Codes section 17704.10(b); and (8) violation...

Excerpt: ...ed complaint (TAC) against Defendant, alleging: (1) breach of fiduciary duty; and (2) resulting trust. Now, Defendant demurs to Plaintiff's TAC.[1] Factual Background This action arises out of Defendant's distribution of certain assets as the executor of decedent Michael D. Swoope's estate. Specifically, this action concerns funds in Wells Fargo brokerage accounts (Accounts) which Plaintiff alleges were intended to be distributed to certain relat...

Excerpt: ...g: (1) disability discrimination; (2) California Family Right Act Retaliation; (3) wrongful termination (Labor Code § 6409.6); (5) wrongful termination (Labor Code § 246.5 & 248.2); and (6) wrongful termination (Labor Code § 1102.5). Now, Plaintiff moves to compel Defendant to pay his attorney fees and costs related to arbitration. Discussion Plaintiff argues that Defendant failed to timely pay the arbitration invoice, and, as a result of this...

Excerpt: ...es, LLC, 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, Defendant Gallagher (Defendan...

Excerpt: ...) fraud; (4) breach of fiduciary duty; (5) declaration of resulting trust; and (6) imposition of a constructive trust. On 2/8/2022, default was entered against Defendant. Now, Defendant moves to set aside the entry of default. 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 o...

Excerpt: ...Care Center, MJB Partners, LLC dba Pomona Vista Care Center, and Sun Mar Management Services (collectively, Defendants), alleging: (1) dependent abuse; (2) negligence; (3) violation of Health and Safety Code section 1430(b); (4) willful misconduct; and (5) wrongful death. Now, Defendants move to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court...

Excerpt: ...imum 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. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard An arbitration award i...

Excerpt: ...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, Plaintiff seeks to recover attorney fees totaling $296,920.00. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic We...

Excerpt: ... alleging: (1) premises liability; (2) general negligence; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) negligent maintenance of premises; (6) negligent maintenance of nuisance; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) unfair business practices; (10) promissory estoppel; (11) constructive eviction; (12) abuse of process; (13) conversion; (14...

Excerpt: ...resentatives Janet Baggett and Preston Sertich filed suit against David Rojas and the City of Los Angeles, 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, the City of Los Angeles (Defendant) moves ...

Excerpt: ...efendant/Cross-Complainant/Cross-Defendant Bangluck Market (Bangluck Market) moves for an order denying DBC's application for good faith settlement. Legal Standard In an action where it is alleged that two or more parties are joint tortfeasors, “a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indica...

Excerpt: ...s Act. Now, Defendant demurs to Plaintiff's 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, 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...

Excerpt: ...ow moves for an order to enter judgment pursuant to the terms of the stipulated settlement reached by the parties in this case on December 28, 2021. 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 individuals may sue to enfor...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... Defendant's motion for summary adjudication is DENIED as to the remaining causes of action. On 5/11/2020, Plaintiff Claudia Iwamasa (Plaintiff) filed suit against Optumcare Management, LLC (Defendant), alleging: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in the interactive process; (4) retaliation in violation of the FEHA; (5) failure to prevent; (6) retaliation in violation of the CFRA; (8) violation of Cal...

Excerpt: ...lectively, Defendants), alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of Business and Professions Code section 17200; and (4) negligent misrepresentation. Now, Plaintiff moves for trial preference. Legal Standard Pursuant to Code of Civil Procedure section 36, subdivision (a), “[a] party to a civil action who is over the age of 70 years may petition the court for a preference, whi...

Excerpt: ...st Stewart Title of California, Inc. (STC), Grand Pacific Financing Corporation c/o Beacon Default Management, Inc., and EBR Escrow, alleging: (1) fraud; (2) conversion; and (3) identity theft. Now, STC demurrers to Plaintiffs' Complaint in its entirety. STC also moves to strike portions of Plaintiffs' Complaint. The motion is unopposed. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mir...

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

Excerpt: ...n Systems filed a second amended complaint (SAC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 9/21/2018, Graphic Research, Inc. dba Gtek/Bycan (GRI) filed a cross- complaint for quiet title and declaratory relief. Now, Govind moves for summary adjudica...

Excerpt: ...ereen Arazm (Defendant Koules), Michael Malin, Lonnie Moore, 914 Trust, and 603 Trust. On 4/3/2015, the Court granted Defendant Koules motion for judgment on the pleadings, and the order was entered on 5/12/2015. On 7/24/2015, Plaintiff filed a notice of appeal. On 1/4/2018, the California Court of Appeal affirmed in part and reversed in part the Court's order granting the motion for judgment on the pleadings. Specifically, the Court of Appeal af...

Excerpt: ...ant's motion to strike is MOOT. On 7/28/2021, Plaintiff Jeff Baoliang Zhang (Plaintiff) filed suit against the County of Los Angeles (erroneously named as Los Angeles County Sheriff's Department (Defendant). On 9/22/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) intentional tort and willful negligence; (2) violation of civil rights; and (3) willful blockade of Plaintiff's communication. Now, Defendant now demurs to Plaintiff'...

Excerpt: ...tion. Defendant's motion to strike is GRANTED IN PART, DENIED IN PART. Defendant's motion to strike is granted as to the attorney fees provision, but denied as to punitive damages. On 8/12/2021, Plaintiff Courtney and Brian Gregory (collectively, Plaintiffs) filed suit against One Thousand Grand Avenue Holdings, LLC (Defendant), alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; and (4) malicious pro...

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