Excerpt: ...5/2021, Plaintiff filed a second amended complaint (SAC) alleging: (1) discrimination (based on age and ethnicity); (2) harassment (based on age and ethnicity); (3) retaliation (based on age and ethnicity); and (4) failure to prevent discrimination. Now, the County moves to strike portions of the County's Complaint. Discussion The County argues that various allegations should be struck from Plaintiff's SAC because (1) Plaintiff's First Cause of A...

Excerpt: ...ces, alleging: (1) negligence; and (2) intentional infliction of emotional distress. On 6/29/2020, Defendant Continental Homeowner Association (Defendant) filed a cross complaint against Elena Osadovsky. On 3/23/2021, the Court granted Defendants' motion for summary judgment. Now, Defendant moves for $17,492.17 in attorneys fees as to the Complaint and the Cross-Complaint. Legal Standard The party claiming attorneys' fees must establish entitleme...

Excerpt: ...rict PTA, Council PTA 31st District, Calvert PTA, and Damaris Mayorga, alleging: (1) fraud; (2) breach of duty; (3) misappropriation of funds; (4) wrongful or gross negligent acts; (5) misleading statements and no transparency; (6) discrimination against PTA members; (7) violation of PTA bylaws and LAUSD policy; (8) misrepresentation for fundraising activities ; and (9) nonaction by the LAUSD executive board members and PTSA 31th District. On 8/1...

Excerpt: ... (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty; and (6) fraud by omission. Now, Defendant demurs to Plaintiff's sixth cause of action. Defendant also moves to strike portions of Plaintiff's Complaint. Defendant's motions are unopposed. Legal Standards A demurrer for sufficiency tests whether th...

Excerpt: ...r Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, the Roman Catholic Archbishop of Los Angeles (RCALA) moves to strike portions of Plaintiff's SAC. 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.,...

Excerpt: ...s 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. Now, Defendant Thomas Weiss and Weiss & Zaman (collectively, Defendants) now move for a special motion to strike Plaintiff's Complaint against them. Legal Standard A court employs a two-step analysis in determining whether a claim should be ...

Excerpt: ...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 of the pleading or via proper judicial notice.¿ (Donabedian v....

Excerpt: ... to designate an expert. CCP section 2034.300 provides that: Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the followin...

Excerpt: ...f Gorji Ashraf (Plaintiff) filed suit against Kolah Farangi, Inc. (KF, Inc.), Mansour Simanian, Joseph Simanian, Robert Simanian, and Michael Simanian, alleging: (1) discrimination in violation of FEHA; (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) failure to prevent FEHA violations; (5) retaliation in violation of FEHA; (6) wrongful termination in violation of FEHA; (7...

Excerpt: ...malicious prosecution. Now, Defendant moves for summary judgment of Plaintiff's 4AC. 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.” The motion shall be granted if there is no triable issue as to any material fact and the moving party is ...

Excerpt: ...rvice is MOOT. On November 4, 2019, Plaintiffs Terry Herrera and Teodora Herrera (collectively, Plaintiffs) filed suit against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) viola...

Excerpt: ...inental), alleging: (1) negligence; and (2) intentional infliction of emotional distress. On 6/29/2020, Cross-Complainant Continental filed a cross-complaint (XC) against Elena Ozadovsky, alleging breach of contract. On 3/23/2021, the Court granted Continental's motion for summary judgment as to Plaintiff's Complaint. Now, Continental moves for summary judgment of its cross-complaint. Discussion Continental argues that the Court's ruling granting...

Excerpt: ...f Metro Los Angeles, Calvin Lyons, Veronica Jimenez, and Norma Reyes (collectively, Defendants). On 8/19/2021, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) declaratory judgment; (5) wrongful termination; (6) failure to indemnify for necessary business expenses; (7) failure to provide rest periods; and (8) unfair competi...

Excerpt: ...erpleader against Alexander Collin Baker, Clara Veseliza Baker aka Clair Marlo, and Adam Bravery, LLC. Now, BMI moves for the Court to order Alexander Baker (Mr. Baker) to furnish security for expenses and costs, including attorney's fees, in an amount of not less than $250,000. Discussion Mr. Baker was declared a vexatious litigant by the Los Angeles Superior Court on 6/7/2018. BMI argues that Mr. Baker is attempting to avoid the consequences of...

Excerpt: ...uardian Ad Litem, Ninfa M, filed suit against Downey Unified School District and Mark N, alleging: (1) negligent hiring, supervision, training, and retention; (2) sexual harassment; (3) intentional infliction of emotional distress; and (4) sexual assault/sexual battery. Now, Defendant Downey Unified School District (the District) moves to compel non-party Downey Police Department (DPD) to comply with a deposition subpoena for records within 30 da...

Excerpt: ...leging: (1) negligent hiring, supervision, training, and retention; (2) sexual harassment; (3) intentional infliction of emotional distress; and (4) sexual assault/sexual battery. Now, Defendant Downey Unified School District (DUSD) demurs to Plaintiff's second 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 considerin...

Excerpt: ...ed a Notice of Related Case, informing the Court of Garland Connect, LLC v. HRRP Garland, LLC, Case No. BC692951. On 9/2/2021, Plaintiff filed a second amended complaint (SAC) against Wells Fargo Bank, National Association (Wells Fargo); Eastdil Secured Broker Services, Inc (Eastdil). (Eastdil); Rising Realty Partners, LP (Rising Realty); Barbara Reeve-Bailey; Mark A. Ingram; Christopher Rising (Christopher); Nelson Rising (Nelson); Tyson Strutze...

Excerpt: ...alifornia, Gavin Newsom, Xavier Becerra, County of Los Angeles, Mantu Davis, MS, MPH in her official capacity as the Acting State Public Health Office for the County of Los Angeles, City of Los Angeles, and Eric Garcetti in his capacity as Mayor of the City of Los Angeles, alleging: (1) violation of Government Code section 8572; (2) violation of right to free speech; (3) violation of right to assemble; (4) violation for right to compensation for ...

Excerpt: ...h Office for the County of Los Angeles, City of Los Angeles, and Eric Garcetti in his capacity as Mayor of the City of Los Angeles, alleging: (1) violation of Government Code section 8572; (2) violation of right to free speech; (3) violation of right to assemble; (4) violation for right to compensation for government taking; (5) declaratory relief; and (6) violation of due process and equal protection. Now, Defendants City of Los Angeles and Eric...

Excerpt: ...erty Opportunity (Plaintiff) filed an application for entry of a sister state judgment against 909 Development Group L.P. (909 Development) Now, Plaintiff moves 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. Factual Background On 3/4/2021, Plaintiff obtained a judgment in Tennessee against 909 Development for $315,265.51. On 7/26/2021, Plaintiff do...

Excerpt: ...and Clark Parker, alleging breach of contract and declaratory judgment. Now, Defendants move in limine to exclude the OAH Decisions from the alter- ego phase of the trial in this matter. Discussion Defendants argue that Plaintiff should be barred from introducing the OAH decisions during the alter-ego phase of the trial because the burden of proof in the OAH proceeding was different from the burden of proof here, the OAH decisions are hearsay, an...

Excerpt: ...ery; (3) sexual battery; (4) discrimination; (5) harassment; (6) retaliation; (7) failure to prevent discrimination, harassment, and retaliation; (8) failure to provide reasonable accommodation; (9) failure to engage in good faith interactive process; (10) declaratory judgment; (11) wrongful termination; (12) denial of and discrimination based upon the use of sick leave; (13) retaliation; (14) retaliation; (15) violation of the Ralphs Act; (16) v...

Excerpt: ...rcible entry; (3) forcible detainer; (4) breach of the covenant of quiet enjoyment and possession; and (5) conversion. On 4/9/2021 and 4/14/2021, Plaintiff moved ex parte for injunctive relief. Both applications were denied. Now, Plaintiff moves by regular motion for a preliminary injunction. 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 ...

Excerpt: ...fair dealing; (3) breach of covenant of quiet enjoyment; (4) specific performance; (5) injunctive relief; (6) declaratory relief; and (7) unfair business practices. Now, Plaintiff seeks leave to file a first amended complaint. Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides that “[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 add...

Excerpt: ...Defendant, alleging: (1) disability discrimination; (2) failure to prevent discrimination; (3) failure to engage in the interactive process; (4) failure to provide reasonable accommodations; and (5) retaliation. Now, Defendant demurs to the first, second, and fifth 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 consi...

Excerpt: ..., individually, and on behalf of other members of the general public similarly situated, and as an aggrieve employee pursuant to PAGA, filed suit against Ralphs Grocery Company and the Kroger Co. (collectively, Defendants), alleging: (1) violation of California Labor Code section 226.7 and 512(a); (2) violation of California Labor Code section 226.7; (3) violation of Labor Code section 204; (4) violation of California Labor Code section 226(a); (...

Excerpt: ... complaint (FAC) against the County of Los Angeles (County), the Los Angeles County Board of Supervisors (BOS), the Los Angeles County District Attorney's Office (DA's Office), the Los Angeles County Office of the County Counsel (OCC), and John K. Spillane (Spillane) (collectively, Defendants), alleging: (1) failure to pay employees' defense fees and costs; (2) failure to reimburse former county employee for defense fees and costs. On 4/27/2021, ...

Excerpt: ... responses within 5 days of entry of this order. The Daniels are sanctioned, jointly and severally, $2,100 ($700 per motion x 3 motions). - ATI's motion to compel further responses to its RFAs is denied. On March 1, 2017, American Technologies, Inc. (ATI) initiated this action against Carolyn Lowd Daniels and Bleaker Daniels. The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mec...

Excerpt: ...and Angel Cortez (collectively, Defendants) seeking declaratory relief. Now, Defendants move for a change of venue. Legal Standard Code of Civil Procedure section 396b provides that “if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced...

Excerpt: ...r & 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, Plaintiff Steven Frutcher (Plaintiff) moves for an order permitting him to take discovery regarding the financial condition, including profits gaine...

Excerpt: ...OUT LEAVE TO AMEND. On 6/22/2021, Plaintiff Crescent Capital Partners, LLC filed suit against Geraldine White, an individual and trustee of Geraldine White Living Trust UTD 05/27/2004, EXP Realty of California, Inc., Sona Gallatin, Midgate Inc. d/b/a Kinway Properties, and Steve Chelebian, alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud/concealment; (4) constructive fraud; (5) negligent misre...

Excerpt: ...lph Jackson as guardian ad Litem for Donna Jackson filed suit against 5468 East Gotham Street LLC d/b/a Briarcrest Nursing Center, Win Win Enterprises, LLC, and Shersher, LP (collectively, Defendants), alleging: (1) negligence; and (2) violation for the Elder and Dependent Adult Civil Protection Act. Now, Defendants demur to Plaintiff's Complaint. Defendants also move to strike portions of Plaintiff's Complaint. Legal Standards A demurrer for suf...

Excerpt: ...tories in Set Two, with the exception of No. 2.4 and 2.11, within 20 days of entry of this order. Defendant, jointly and severally with counsel, is sanctioned $1,400.00. On 12/23/2020, Plaintiff Alec Horton (Plaintiff) filed suit against MW BHCC, LLC dba Griffin Club Los Angeles, Riv Haltom, and Vita Nasseri, alleging: (1) retaliation; (2) retaliation; (3) wrongful termination in violation of public policy; (4) failure to pay wages; (5) failure t...

Excerpt: ...Prime Healthcare Centinela (Defendant), alleging: (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, Defendant moves to compel arbitration of Plaintiff's Complaint. Discussion Defendant submitted evidence that Plaintiff signed an arbitration agreement, and that ...

Excerpt: ...l, individually and as trustee of the Hydeh Bina Motavassel Survivor's Trust, dated March 29, 2018, and the Elayhu Motavassel Bypass Trust, dated March 29, 2018, alleging: (1) breach of implied warranty of habitability; (2) negligence; (3) nuisance; and (4) breach of covenant of quiet enjoyment. Now, Defendant moves to strike portions of Plaintiffs' Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings t...

Excerpt: ...rime Healthcare Centinela (Defendant), alleging: (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, Defendant moves to compel arbitration of Plaintiff's Complaint. Discussion Defendant submitted evidence that Plaintiff signed an arbitration agreement, and that t...

Excerpt: ...t against ISS Facility Services, Inc., alleging violations of the California Labor Code. 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 § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in the action...

Excerpt: ...ectively, Plaintiffs) filed suit. On 3/11/2021, Plaintiffs filed a second amended complaint (SAC) against Interinsurance Exchange of the Auto Club (the 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., Art Orozco, Jose Manuel Ceja, P.W. S...

Excerpt: ...hool District (AUSD), Christa Van Orden, Anna Kuo, and Alhanbra Educational Foundation. On 9/23/2021, Plaintiff filed a fourth amended complaint (TAC), 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 se...

Excerpt: ...leging violations of the Song- Beverly Act, fraud by omission, and negligent repair. Now, FCA US, LLC (FCA) moves to compel arbitration of Plaintiffs' 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… ...

Excerpt: ...nez alleging twenty-six causes of action. On 6/3/2021, Plaintiffs dismissed Cecilia Jimenez and the Law Office of Cecilia Jimenez from this action. Now, Natalya Byzova dba Imperium Law Corporation (Defendant) move for a special motion to 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 initi...

Excerpt: ...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 2/18/2021, Defendant's unopposed anti-SLAPP motion was granted. On 4/27/2021, Defendant's unopposed motion for attorney fees was granted. Defendant was awarded $7,000 in attorney fees and $120 in cost...

Excerpt: ...inst Brian Kennedy (Kennedy) and Kennedy Outdoor Advertising, LLC, 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...

Excerpt: ...d amended complaint (FAC) against Allenco Energy, Inc., 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, Defendants Allenco Energy, Inc., Timothy James Parker, and Clifford E. Peter (collectively, Defendants) demur to the second cause of action. Defendants also move to strike portions of Plaintiff's SAC...

Excerpt: ...r Property); (2) accounting (Pasadena Property and other community assets); (3) breach of fiduciary duty; (4) quiet title (Whittier Property); (5) ejectment (Whittier Property); (6) conversion; and (7) fraud and deceit. Now, Plaintiff move for leave to amend to file a fifth amended complaint (5AC). Defendants filed a conditional notice of non-opposition. Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he...

Excerpt: ...ng his employment with Cambro Manufacturing Company, he was exposed to toxic and fibro genic chemicals, which led to the development of Pulmonary Fibrosis and will require a bilateral lung transplant. The operative First Amended Complaint (FAC) was filed on 5/10/17 and asserts claims for 1) negligence; 2) strict liability—failure to warn; 3) strict liability—design defect; 4) breach of implied warranties; 5) fraudulent concealment; and 6) bre...

Excerpt: ...strict Office (Provenance). On 3/2/2021, Plaintiff filed a first amended complaint (FAC) against Provenance and Charter Impact, alleging: (1) breach of contract; (2) breach of fiduciary duty and constructive fraud; (3) breach of the covenant of good faith and fair dealing; (4) violation of the Anti-Cybersquatting Consumer Protection Act; (5) conversion; (6) violation of Penal Code section 496; (7) accounting; and (8) unfair business practices. No...

Excerpt: ...of implied covenant of good faith and fair dealing; (3) intentional interference with prospective economic relations; (4) fraud in the inducement; (5) misappropriation of trade secrets; and (6) injunctive relief. Now, Defendant demurs to Plaintiff's fifth cause of action, and 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) 1...

Excerpt: ...oskins, 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. Now, Defendant Dishondra Denise Hoskins, Rexina Mize, Toi'ya Leatherwood, Mihn Nguyen, and Diamante Mize (collectively, Defendants) move for a speci...

Excerpt: ...nts' demurrer is overruled as to the first and fourth causes of action as to Defendant Kim. On 5/6/2021, Plaintiff Haydeh Motavassel filed suit against Insuk Suk Kim aka In Suk Kim, 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) i...

Excerpt: ...tion, supervision; (3) assault; (4) battery; (5) false imprisonment; (6) intentional infliction of emotional distress; and (7) violation of the Bane Act. Now, Uber demurs to Plaintiff's third, fourth, fifth, sixth, and seventh 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, courts read the alleg...

Excerpt: ...r), U.S. Bank, as trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-9 (U.S. Bank); and Clear Recon Corp. (Clear). On March 12, 2019, Nationstar and U.S. Bank (collectively, Cross-Complainants) initiated this action. On June 10, 2021, Cross-Complainants filed a fourth amended cross- complaint (TXC) against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), Lani Osmena, and Tip Top...

Excerpt: ...f partnership; (3) breach of fiduciary duty; (4) constructive fraud; (5) conversion; (6) breach of contract; (7) constructive trust/unjust enrichment; (8) declaratory relief; and (9) injunctive relief. Now, Secure Stone and Deborah Swallow (Moving Parties) seek leave to file a cross-complaint. Legal Standard After the trial date has been set, a party seeking to file a cross-complaint must obtain leave of court. (Code Civ. Proc., § 428.50(b).) Le...

Excerpt: ...f partnership; (3) breach of fiduciary duty; (4) constructive fraud; (5) conversion; (6) breach of contract; (7) constructive trust/unjust enrichment; (8) declaratory relief; and (9) injunctive relief. Now, Secure Stone and Deborah Swallow (Moving Parties) seek leave to file a cross-complaint. Legal Standard After the trial date has been set, a party seeking to file a cross-complaint must obtain leave of court. (Code Civ. Proc., § 428.50(b).) Le...

Excerpt: ...action. Given the Court's ruling on Defendants' demurrer, their motion to strike is moot. On 3/12/2018, Plaintiffs Mary Balser and Suzzane Land (collectively, Plaintiffs) filed suit against Interinsurance Exchange of the Auto Club (the Exchange), Scott Mackenzie (Mackenzie), Shelley Macintosh (Macintosh), Automobile Club of Southern California (Auto club), Strictly Contents, P.W. Stephens Environmental, Inc. On 9/12/2018, Plaintiff filed a first ...

Excerpt: ...nd 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 Institutions Code section 15610.57; (3) negligence; (4) negligent hiring, supervision, and retention; (5) conversion; and (6) negligence per se. On June 14, 2021, Plaintiffs fi...

Excerpt: ...nd 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 Institutions Code section 15610.57; (3) negligence; (4) negligent hiring, supervision, and retention; (5) conversion; and (6) negligence per se. On June 14, 2021, Plaintiffs fi...

Excerpt: ...llivan: 1st, 2nd, 5th, and 7th causes of action § As to Defendant Luczon alone: the 5th and 7th causes of action Defendants' motion for sanctions is denied, without prejudice. On 1/22/2021, Plaintiff Katherine V. Burns filed suit against Early Sullivan Wright Gizer MC Rae, LLP and Diane Luczon (collectively, Defendants). On 7/19/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligent supervision; (2) gross negligence; (3) w...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) violation of California Insurance Code section 790, et seq.; (4) violation of California Business and Professions Code section 17200; and (5) fraud. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. On 8/19/2021, pursuant to the request of defendant, the Court continued this motion and ordered the parties to file new and complete stand-alone motions with all docu...

Excerpt: ...ration, Van Daele Homes, Inc., Michael Van Daele, and Jeffrey Heck. On 10/24/2018, Plaintiffs filed a first amended complaint (SAC), alleging: (1) declaratory relief; (2) breach of contract; (3) breach of implied covenant of good faith and fair dealing; (4) breach of warranty; (5) unjust enrichment; and (6) fraud. On 6/30/2018, Defendant and Cross-Complainant Fifteen Morton, LLC (hereinafter Fifteen Morton or Cross-Complainant) filed a cross-comp...

Excerpt: ...inst Milk & Eggs LLC aka Milk and Eggs LLC, Milk & Eggs, Inc., the Good Foodie Company, and FDBA Milk & Eggs, Inc. (collectively, Defendants). On 7/17/2019, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) open book account; (2) account stated; (3) reasonable value; and (4) breach of contracts. Now, Plaintiff moves to strike Defendant Milk & Eggs LLC's answer and have default entered against it. Legal Standard Mot...

Excerpt: ...chi (Plaintiff) filed suit against Golnaz Afgo Ahmadi and Blo & Fill Bar LLC (Defendants). Plaintiff's third amended complaint (TAC) asserts cause of action for: (1) breach of fiduciary duty; (2) accounting; (3) unjust enrichment; (4) fraud; and (5) constructive trust. Defendants demur to Plaintiff's fourth cause of action for fraud. Defendants also move to strike portions of Plaintiff's TAC. Legal Standards A demurrer for sufficiency tests wheth...

Excerpt: ...les, and Nataly Herrera (collectively, Defendants), alleging: (1) intentional misrepresentation—fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; (5) breach of covenant of good faith and fair dealing; (6) conspiracy to commit fraud; and (7) declaratory relief. On 7/26/2021, the Court granted Plaintiff's motion for a temporary restraining order. Now, the Court considers Plaintiff's motion for a preliminary injunction. ...

Excerpt: ...ull or in part, to GCI payments to Profitable. The Court declines to award sanctions to either party at this time. On 10/15/2020, Plaintiff Bryan J. Roberts (Plaintiff) filed a third amended complaint (TAC) against Eric Swallow, Profitable Casino, LLC, and Secure Stone, LLC, alleging: (1) fraud; (2) breach of partnership; (3) breach of fiduciary duty; (4) constructive fraud; (5) conversion; (6) breach of contract; (7) constructive trust/unjust en...

Excerpt: ...ook Chrysler Dodge Jeep Ram of Van Nuys (Defendant), alleging: (1) age discrimination; and (2) wrongful termination. 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.�...

Excerpt: ...r; 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, Plank,...

Excerpt: ...e 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. Now, Defendant demurs to Plaintiff's SAC. Defendant also moves to strike portions of Plaintiff's SAC. Legal Standards A demurrer for sufficiency tests whether the comp...

Excerpt: ...ing below. The motion to bifurcate is GRANTED in part, DENIED in part. On 7/3/2018, Plaintiffs Govind Vaghashia 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 ...

Excerpt: ...ist, Orange Twist, and Orangetwist Brands, Inc, alleging a violation of Labor Code section 2698. 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 § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in th...

Excerpt: ...nd 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business ...

Excerpt: ...others similarly 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 laws...

Excerpt: ...of contract. Now, Defendant demurs to Plaintiff's Complaint in its entirety. 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 ...

Excerpt: ...ing: (1) 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, Defendant Jerry West (Mr. West) moves for a protective order regarding Plaintiff's second set of Requests for Admissions (RFAs), Form Interrogatories, and R...

Excerpt: .../20/2020, Plaintiff filed a first amended complaint (FAC). On 4/6/2021, Plaintiff filed a second amended complaint (SAC), alleging: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) unlawful and unfair business practices in violation of California Business and Professions Code section 17200; (4) declaratory relief; and (5) accounting. Now, Plaintiff moves for leave to amend to file a third amended ...

Excerpt: ...ang (collectively, Defendants). On 7/05/2019, Plaintiffs filed a third amended complaint (TAC) alleging: (1) fraud; (2) negligent misrepresentation; (3) fraudulent concealment; (4) breach of fiduciary duty; and (5) conversion. On 8/29/2019, Cross-Complainants Dragon Dream, LLC and Mingyong Huang filed a cross-complaint (XC) against Hong Jin and Ming Zhou (collectively, Cross- Defendants). On 4/12/2021, Cross-Complainants filed a first amended cro...

Excerpt: ...Marlo, and Adam Bravery, LLC. Now, Defendants Adam Bravery, LLC and Alexander C. Baker (Baker) (collectively, Defendants) demur to BMI's Complaint. Defendants also move to strike portions of BMI'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 demurrers, courts read the allegations liberally and in context.¿ (...

Excerpt: ... alleging breach of contract. 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 frau...

Excerpt: ... 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business and Profession...

Excerpt: ...l infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant Kenneth Lopez (Defendant) moves to disqualify Mr. Daniel Boone, Esq. (Mr. Boone) from representing Plaintiff. Legal Standard “A judge's authority to disqualify an attorney has its origins in the inherent power of every court in the furtherance of justice to control the con...

Excerpt: ...ing Authority, Valley Vista Services, Inc., Grant Central Recycling & Transfer Station, Inc., Zerep Management Corporation, Catherine Marcucci, Mike Bruebel, and El Ancanto Enterprises, Inc. Now, Defendants City of Industry, Mark Radecki, Mayor Cory Moss, Newell Ruggles, Michael Gruebel, Mayor Pro Tem Catherine Marcucci, and Industry Property and Housing Management Authority (collectively, City Defendants) move for sanctions pursuant to CCP secti...

Excerpt: ... Defendants' motion to strike is GRANTED as to Plaintiffs' request for attorney fees, but DENIED as to their prayer for punitive damages. On 1/25/2021, Plaintiffs Irma Jimenez and Anahi Jaquez (collectively, Plaintiffs) filed suit against Hsiu Jen Chen Koo, Tim S. Koo, Mei Hsiang Hsieh, and 712 E. Kingsley, LLC, (collectively, Defendants) alleging: (1) tortious breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) nui...

Excerpt: ...ies Trust Services—WAMY 2006-AR9, and U.S Bank N.A. as Trustee on Behalf of the Holder of the WAMU Mortgage Pass Through Certificates (U.S. Bank N.A.), alleging: (1) intentional misrepresentation; (2) violation of California Civil Code section 2923.5; (3) negligent misrepresentation; (4) violation of California Civil Code section 2924.17; (5) quiet title; and (6) declaratory and injunctive relief. On December 9, 2019, Plaintiff filed a substitu...

Excerpt: ... LLC (SLS or Defendant). On 3/20/2020, Plaintiff filed a first amended complaint (FAC). On 4/6/2021, Plaintiff filed a second amended complaint (SAC), alleging: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) unlawful and unfair business practices in violation of California Business and Professions Code section 17200; (4) declaratory relief; and (5) accounting. Now, Defendant demurs to Plaintiff'...

Excerpt: ...y, Industry Housing Authority, Valley Vista Services, Inc., Grant Central Recycling & Transfer Station, Inc., Zerep Management Corporation, Catherine Marcucci, Mike Bruebel, and El Ancanto Enterprises, Inc. On 2/26/2021, Plaintiff filed a first amend complaint (FAC). On 6/17/2021, Plaintiff filed a second amended complaint (SAC) seeking injunctive relief and recovery of improper expenditures or amounts due to City of Industry under Code of Civil ...

Excerpt: ...s Aviation Group, LLC (collectively, Defendants) alleging: (1) quiet title; (2) conversion; (3) negligence; and (4) negligence per se. Now, Defendants move to transfer venue to Utah State Court-4th District in Utah County. Legal Standard Code of Civil Procedure section 397 provides that “the court may, on motion, change the place of trial . . . [w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” “A ...

Excerpt: ...er the appropriate jury instruction after the presentation of evidence at trial, or to allow the factual determination of spoilation to be put to the jury. 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) as...

Excerpt: ...abak Sarrafzadeh aka Bob 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, Defendants demur to Plaintiff's FAC. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause o...

Excerpt: ...nc. (Defendant). On 5/28/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) violation of Song-Beverly Act; (2) violation of Magnuson-Moss Act; and (3) violation of the Consumer Legal Remedies Act (CLRA). Now, Defendant demurs to Plaintiff's third cause of action. Defendant also moves to strike portions of Plaintiff's FAC. Legal Standards A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. M...

Excerpt: ...against Joon Chul Park, Mary S. Cho, Jong Soon Cho, Hyun Jong Han, Marian K. Lee aka Kyung Mi Lee, Young Shin Yoon, Joon Chul Park, Un Young Kim, Jonathan Kim, James Kim, and Sharon Kyoung Ok, alleging: (1) declaratory relief—injunctive relief; (2) conversion; (3) negligence; (4) negligent infliction of emotional distress; and (5) intentional infliction of emotional distress. From 5/24/2021 to 6/7/2021, a bench trial was conducted. On 7/26/2021...

Excerpt: ... Marlon Schwartz, Steven Gold, Schwartz Rimberg LLP, and Schwartz, Rimberg, & Moriss, LLP, alleging: (1) breach of written contract; (2) money had and received; (3) breach of written contract; (4) promissory fraud; (5) intentional misrepresentations; (6) negligent misrepresentations; (7) breach of fiduciary duty; (8) constructive fraud; (9) professional negligence; (10) conversion; (11) unjust enrichment; and (12) accounting. On 3/26/2021, defaul...

Excerpt: ...led a second amended complaint (SAC) alleging: (1) breach of contract; (2) fraud; and (3) quantum meruit. Now, Defendants demur to Plaintiff's second cause of action. Defendant also move to strike portions of Plaintiff's SAC. 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 demurrers, courts read the allegations liberally a...

Excerpt: ...the second and third causes of action. On 5/8/19, Plaintiff Garland Connect, LLC filed a Complaint against Wells Fargo Bank, National Association (Wells Fargo); Eastdil Secured Broker Services, Inc. (Eastdil); Rising Realy Partners, LP (Rising Realty); Barbara Reeve-Bailey; Mark A. Ingram; Christopher Rising (Christopher); Nelson Rising (Nelson); Tyson Strutzenberg; Matthew Ahrens; and Stephen Somer, setting forth claims for 1) intentional interf...

Excerpt: ...f Industry, Industry Housing Authority, Valley Vista Services, Inc., Grant Central Recycling & Transfer Station, Inc., Zerep Management Corporation, Catherine Marcucci, Mike Bruebel, and El Ancanto Enterprises, Inc. On 6/17/2021, Plaintiff filed a second amended complaint (SAC) for Private Attorney General Action/Representative Action. Now, Defendants City of Industry, Mark Radecki, Mayor Cory Moss, Newell Ruggles, Michael Gruebel, Mayor Pro Tem ...

Excerpt: ...t Crossover Culture, Inc. and Ryan A. Duke. On 5/13/2019, Plaintiffs Shoe1Tec Trading Co., LTD and H&K Woo International Limited (collectively, Plaintiffs) filed a first amended complaint (FAC) against Crossover Culture, Inc., and Ryan A. Duke (collectively, Defendants), alleging: (1) breach of written contract; (2) breach of the implied covenant of good faith and fair dealing; and (3) conversion. Now, Plaintiffs move for summary adjudication of ...

Excerpt: ...n the Court's ruling on Defendant's demurrer, Defendant's motion to strike is MOOT. On June 24, 2019, Plaintiff Peter Wolf-Millesi filed suit against Parvin Jamali, Mohsen Lotfimoghaddas, and Luigi Interlandi alleging, (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) rescission; (4) negligence; (5) intentional infliction of emotional distress (IIED); (6) negligent infliction of emotional distress; (7) con...

Excerpt: ...ryl Ellis (Plaintiff) filed suit against Alhambra Unified School District (District), Christa Van Orden, Anna Kuo, and Alhanbra Educational Foundation. On 5/25/2021, Plaintiff filed a third amended complaint (TAC), 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 preven...

Excerpt: ...ly Consumer Warranty Act and fraudulent concealment. Now, Defendant demurs to Plaintiff's seventh cause of action for fraudulent concealment. 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 demurrers, courts read the allegations liberally and in context.¿ (...

Excerpt: ...it against BMW of North America, LLC (BMW NA), alleging: (1) breach of contract/express warranty; (2) breach of implied warranties; (3) negligence; (4) violation of statute/restitution; and (5) misrepresentation/fraud. On January 23, 2019, the parties signed a settlement agreement. (Motion, Exh. 14.) A condition of the settlement agreement was that once BMW NA had completed its two rounds of payments, Plaintiffs would dismiss the action. After Pl...

Excerpt: ...an Abbas-Larki and Mahan Abbasi (collectively, Plaintiffs) filed suit against BMW of North America, LLC (BMW NA), alleging: (1) breach of contract/express warranty; (2) breach of implied warranties; (3) negligence; (4) violation of statute/restitution; and (5) misrepresentation/fraud. On January 23, 2019, the parties signed a settlement agreement. (Motion, Exh. 14.) A condition of the settlement agreement was that once BMW NA had completed its tw...

Excerpt: ..., LLC and the property located at 1920 Effie (the Property) to be fraudulent and void. On 6/25/2021, Plaintiff filed a petition and application for the issuance of an order for sale of the Property. Now, Melissa Oppenheimer (Oppenheimer) and Brown, LLC moves for an order permitting them to intervene in this action. Discussion Oppenheimer and Brown, LLC argue that they are entitled to intervene in this action because they claim a property interest...