Excerpt: ... (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. Now Defendant Charter Impact (Defendant) moves to compel arbitration of the FAC. Leg...

Excerpt: ...ird amended complaint against LAUSD, 31st District 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 executiv...

Excerpt: ...or alleged violations of Labor Code section 204(d). 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. (Lab. Code § 2699(g)(1).) “[C]iv...

Excerpt: ... a bench trial, the Court issued a final statement of decision ruling in favor of ICA. Now, ICA moves for $695,340 in attorney fees as the prevailing party under the option agreement. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provi...

Excerpt: ...ging violations of the Song- Beverly Act. 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 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 resciss...

Excerpt: ...ustained, with 20 days leave to amend as to the second, third, and seventh causes of action as to the Entity Defendants - Defendants' demurrer is sustained, with 20 days leave to amend, as to first, fourth, and sixth causes of action as to all Defendants Defendants' motion to strike is GRANTED in part, DENIED in part, MOOT in part: - Defendants' motion to strike is granted as to the request for attorneys fees. - Defendants' motion to strike is de...

Excerpt: ...ach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of implied warranty of habitability; (4) breach of statutory warranty of habitability; (5) negligence; (6) nuisance; (7) fraud; (8) violation of Civil Code section 1942.4; (9) violation of Civil Code section 1950.5; (10) violation of Civil Code section 52.1; (11) violation of Los Angeles Municipal Code section 151.09; (12) unfair business practices; (13) violation of Business ...

Excerpt: ... prevent discrimination; (4) failure to provide reasonable accommodations; (5) failure to engage in good faith interactive process; (6) violation of California Family Rights Act; (7) denial of and discrimination based upon the use of sick leave; (8) declaratory judgment; and (9) wrongful termination in violation of public policy. Now, Defendant moves to compel arbitration. Legal Standard Where the Court has determined that an agreement to arbitra...

Excerpt: ...denies Plaintiff's motion to tax as to: - No. 1 - No. 5 - No. 8 - No. 9 On January 26, 2017, Plaintiff Joy Slagel (Plaintiff) filed suit against Liberty Mutual Insurance Company (LMIC), Ariam Alemseghed, and Leann Lo, alleging: (1) age discrimination; (2) age harassment; (3) retaliation in violation of FEHA; (3) discrimination on the basis of taking disability leave in violation of FEHA; (5) retaliation for taking disability leave in violation of...

Excerpt: ...); (3) employment discrimination (retaliation); (4) whistleblower; and (5) wrongful termination. Now, Defendant moves to compel arbitration. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the gro...

Excerpt: ...nership; (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, Plaintiff seeks relief from waiver of objections. Discussion Here, Plaintiff contends that the Swallow Parties propounded RFPs by email on 11/23/2020, and “Prior to sending the RFPs, the Swallow Parties did not call or email Plaintiff's counsel to...

Excerpt: ...icut) and Eric Garcetti, seeing declaratory relief. On 6/01/2020, Travelers and Travelers Insurance Company of America (Travelers America) filed a cross-complaint against Plaintiff seeking declaratory relief. Now, Travelers and Travelers America (collectively, Travelers) move for a judgment on the pleadings. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer ha...

Excerpt: ...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, Graphic Research, Inc. dba Gtek/Bycan (GRI) filed a cross- complaint for quiet title and declaratory relief. On 12/21/2018, GRI filed a lis pendens. On 8/31/202...

Excerpt: ... summary judgment. Factual Background This action arises out of a multi-vehicle collision that occurred on 4/23/2019 on the 60 Freeway in Los Angeles. As to Defendant, Plaintiff alleges that, “as Plaintiff Rhine was traveling on the eastbound 60 Freeway lane sharing in lane number two (2), Defendant Voong partially intruded into lane number one (1) from lane number (2), which caused Plaintiff Rhine to maneuver into number one (1) lane and close...

Excerpt: ...nc., Timothy James Parker, Clifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; (2) fraudulent concealment; (3) intentional infliction of emotional distress; and (4) strict liability for ultrahazardous activity. Now, Defendants Allenco Energy, Inc., Timothy James Parker, and Clifford E. Peter (collectively, Defendants) demur to the FAC. Legal Standard A demurrer for sufficiency tests wh...

Excerpt: ...alleging: (1) partition of real property; (2) accounting; and (3) declaratory relief. Now, Defendant moves for summary adjudication of the second and third causes of action. 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...

Excerpt: ...crimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) declaratory judgment; (7) wrongful termination in violation of public policy; (8) failure to pay wages; (9) failure to pay minimum wages; (10) failure to pay overtime compensation; (11) failure to provide meal and rest periods; (12) failure to provide ...

Excerpt: ... Plaintiff DT South Hill, LLC (Plaintiff) filed suit against 734 South Hill St, LLC (Defendant 734) and Moiez Benyaminov (collectively, Defendants), alleging: (1) breach of contract; (2) account stated; and (3) open book account. Now, Defendants demur to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering...

Excerpt: ... On 8/12/2020, Plaintiffs substituted Natalia Ascenio for Doe 1. Now, Plaintiff moves for a preliminary injunction. Legal Standard CCP section 527(a) requires a motion for a preliminary injunction to establish with facts in affidavits or in a verified complaint that there are grounds to issue a preliminary injunction. ¿Declarations may be used under section 2015.5 because they are equivalent to an affidavit. The plaintiff has the burden of estab...

Excerpt: ...llectively, Defendants) alleging: (1) wage theft; (2) failure to pay minimum wages; (3) violation of Labor Code section 1194.2; (4) violation of Labor Code section 201 and 203; (5) violation of Business & Professions Code section 17200; and (6) sexual harassment and failure to take corrective action. Now, Defendants jointly demur to Plaintiff's first, second, third, fourth, and fifth causes of action. The motion is unopposed. Legal Standard A dem...

Excerpt: ...is action against Defendant corporations and manufacturers of toxic products. Plaintiff alleges that, during 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...

Excerpt: ...1) declaratory relief; (2) ejectment; (3) quiet title; and (4) trespass. Now, Defendant Joanne Liu (Liu) moves for summary judgment. Factual Background This action concerns a pair of fences which were allegedly built by defendant on the rental property owned by Plaintiffs. Discussion Defendant argues that Plaintiffs' claim is time-barred. In support, Defendant submitted the following evidence:  There are two fences which separate Plaintiffs' p...

Excerpt: ...erance of the Alameda Corridor-East Construction Project (Plaintiff) filed suit against St. Mark's Chinese Lutheran Church, Metro United Bank, East West Bank, and First American Title Company (collectively, Defendants), alleging a cause of action for eminent domain. Plaintiff now moves for an order of prejudgment possession. After an initial hearing wherein the Court indicated there was insufficient proof of service on Defendants, Plaintiff obtai...

Excerpt: ...r. Pederson provided an expert witness deposition on 12/3/2019, and thus is owed $2,475.00 for 5.5 hours of work. Plaintiffs contend that Mr. Pederson has submitted multiple requests for payment. In support, Plaintiffs cite to CCP section 2034.450 which provides: (a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert's fee based on the anticipated length of ...

Excerpt: ...iolation of civil code § 8800; and 4) foreclosure of mechanic lien. On November 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, Tiara Imperial Homeowners Association, U.S.A.A. Insurance, and Mercury Insurance Group, alleging: (1) negligence (as to Clinton Barnwell Monfort); (2...

Excerpt: ...atory relief and damages. Now, Defendant moves for terminating sanctions. The motion is unopposed. Legal Standard Under Code of Civil Procedure section 2023.030, the court is empowered to impose monetary, issue, evidence, or terminating sanctions for misuse of the discovery process, which includes, but is not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or mat...

Excerpt: ...e of action. However, the Court will provide Plaintiffs an opportunity in oral argument to explain the discrepancy identified by the Court as to the $102,206.80 calculation. If Plaintiffs' explanation is adequate, the Court will likely grant Plaintiff's motion for summary adjudication of the first cause of action. On 2/19/2019, Plaintiff Shoe1Tec Trading Co., LTD filed suit against Crossover Culture, Inc. and Ryan A. Duke. On 5/13/2019, Plaintiff...

Excerpt: ...is action against Defendant corporations and manufacturers of toxic products. Plaintiff alleges that, during 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...

Excerpt: ... was granted as to Defendant Antiaging Institute of California On 8/13/2019, this Court entered a judgment in favor of Adonis Kish and against Defendant Antiaging Institute of California for a sum total of $666,945.40. Now, Plaintiff moves for an order amending the judgment to add Shoreh Ershadi as a judgment debtor, jointly and severally, with Antiaging Institute of California. Discussion Plaintiff argues that Defendant Ershadi is the alter ego ...

Excerpt: ...endant Tiner's motion to strike is DENIED, WITHOUT PREJUDICE. On 8/10/2020, Plaintiff Christopher K. Tiner filed suit against Defendants Premiere Plastic Surgery, Inc., Bentley & More LLP, and Nicholas Tucker. On 10/22/2020, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of written contract; (2) conversion; (3) constructive trust; (4) common count; money had and received; (5) common count; and (6) declaratory relief. On 12/4...

Excerpt: ...second amended complaint (SAC) against Mercury Casualty Company (Mercury), Sunny Hills Associates, Inc., Alliance Environmental Group, Patriot Environmental Services, and Delta Commerce Corporation, alleging: (1) breach of contract; and (2) breach of the covenant of good faith and fair dealing; and (3) negligent misrepresentation. Now, Mercury moves for summary judgment, or, in the alternative, summary adjudication of Plaintiffs' claims. Legal St...

Excerpt: ...Araceli Canales, 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. Now, Defendants demur to Plaintiff's first and sixth causes of action. Legal Standard A demurrer for sufficiency tests whether the complaint states ...

Excerpt: ...bas-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 two rou...

Excerpt: ... (Plaintiff) initiated this action. On 1/15/2021, Plaintiff filed a second amended complaint (SAC) against California Fair Plan Association, Miguel Mora, and John S. Rickerby & Associates alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) constructive fraud; (6) unfair trade practices; (7) declaratory relief; (8) breach of fid...

Excerpt: ...C) against Joe's Pizza on Sunset, Inc. and Joe's Pizza on Sunset, LLC, alleging: (1) failure to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, Defendant Joe's Pizza on Sunset, LLC (Defendant) moves to strike Pla...

Excerpt: ...alleging violations of California Labor Code section 2698, et seq. 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. (Lab. Code § 2699(g...

Excerpt: ...ley Medical Center, LP (collectively, Defendants), alleging: (1) unlawful termination in violation of Labor Code section 1102.5; and (2) wrongful termination in violation of public policy. Now, Defendants move to compel Plaintiff to arbitrate this controversy. 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 …un...

Excerpt: ...ligations. On 1/5/2020, the parties reached a settlement. Now, Plaintiff moves for $13,957.41 in attorneys fees and $757.41 in costs. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided for by statute, the measure and mode of compen...

Excerpt: ...ts' motions to strike are granted as to the request for attorney fees, with 20 days leave to amend. Defendants' motions to strike Plaintiff's prayer for punitive damages are denied. On 7/28/2020, Plaintiff Michelle Herrera filed suit against New Leaf Property Management (New Leaf) and Focus Property Service, Inc., alleging: (1) nuisance; (2) negligence; (3) breach of warranty of habitability; (4) breach of the lease agreement; (5) premises liabil...

Excerpt: ...llectively, Defendants) alleging: (1) breach of contract; (2) fraud-in-inducement; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) restitution; and (6) unfair business practices. On 7/1/2020, the Court granted Defendants' motion to compel arbitration. Now, Plaintiffs moves to lift the stay on the grounds that Defendants failed to timely pay fees and costs associated with arbitration. Discussion Plaintiff submitted evidence...

Excerpt: ...(FAC) alleging: (1) disability discrimination; (2) failure to engage in the interactive process; (3) failure to reasonably accommodate; (4) violation of the CFRA; (5) disability harassment; (6) retaliation in violation of the FEHA; (7) failure to prevent discrimination retaliation and harassment; and (8) defamation. Now, Defendants move for a judgment on the pleadings. Legal Standard A motion for judgment on the pleadings has the same function as...

Excerpt: ...efendant 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 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 entitled to judgment as...

Excerpt: ...ical battery; and (3) fraud. Now, Plaintiff moves for leave to amend to add a prayer for punitive damages on her medical battery cause of action. 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 adding or striking out the name of any party, or by correcting a mistake in the name...

Excerpt: ...ifornia Fair Employment and Housing Act (FEHA). Now, Plaintiff moves for discovery of additional peace officer personnel records. This is Plaintiff's fourth Pitchess motion request. Legal Standard A motion to discover a law enforcement officer's personnel file or other police agency record that contains relevant information is called a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-540.) The Pitchess motion has been partly...

Excerpt: ...20, Plaintiff Jung Suk Lee (Plaintiff) filed suit against Wako Donkasu, Inc. and Wako Donkasu II, Inc, alleging: (1) failure to pay overtime; (2) failure to pay for rest periods not provided; (3) failure to pay for meal periods not provided; (4) failure to pay minimum wage; (5) unfair competition; (6) money had and received; (7) accounting; (8) conversion; and (9) theft in violation of Penal Code section 496. On 1/6/2021, Cross-Complainant Wako D...

Excerpt: ...he Martel Trust (Defendant). On 1/8/2021, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory action as to property interest; (2) specific performance; (3) violation of the laws of FEHA; (4) breach of contract; (5) breach of implied covenant of good faith and fair dealing; and (6) quiet title. Defendant now demurs to Plaintiffs' FAC. Defendant also moves to strike portions of Plaintiffs' FAC. Legal Standard A demurrer for s...

Excerpt: ..., alleging: (1) breach of contract; (2) fraud; (3) breach of the covenant of good faith and fair dealing; (4) concealment/fraud in the inducement; (5) violation of Labor Code sections 201, 208; and (6) an accounting. On 1/19/2021, the Court granted in part, denied in part, and found mooted in part, Defendants' motion for a protective order. Now, Defendants move again for a protective order, arguing that Plaintiff's reissued discovery violates the...

Excerpt: ...itial demurrer. Defendants' demurrer is OVERRULED in part, SUSTAINED in part: -Defendants' demurrer is overruled as to the first, second, third, and eighth causes of action. -Defendants' demurrer is sustained, with 20 days leave to amend, as to the fourth, fifth, sixth, and seventh causes of action. On 12/14/2020, Plaintiff Johnny Wilkes (Plaintiff) filed suit against the LA Clippers, LLC and Jerry West (collectively, Defendants). On 5/21/2021, P...

Excerpt: ...civil conspiracy; (4) negligence; (5) constructive trust; and (6) breach of covenant of good faith and fair dealing. Now, Defendants move for a judgment on the pleadings. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by Code of Civil Procedure section 438, the rules governing demurrers apply. Thus, a motion by defendant can ...

Excerpt: ...lleging: 1-2) fraudulent transfer; 3-4) fraud; 5) conspiracy to commit fraud; and 6) declaratory relief. Now, Defendants move to recover attorneys fees and costs as the prevailing party. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically pr...

Excerpt: ...ve for summary judgment, Plaintiff argues that he is “[e]ntitled to summary judgment on the third causes [sic] of action.” Accordingly, Plaintiff's motion is, in fact, a motion for summary adjudication. The Court treats it as such. Now, Plaintiff moves for summary adjudication of the third cause of action. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action ...

Excerpt: ... Parker, alleging breach of contract and declaratory judgment. On 5/10/2021, this Court related this case with 19STCV12595. Now, Plaintiff moves for a joint phase-one trial. Discussion Plaintiff seeks to streamline this action and 19STCV12595 by consolidating discovery and the phase-one bench trial in both actions. Plaintiff argues that consolidation is appropriate given that the facts supporting the treatment of Dr. Clark Parker as Golden Day Sc...

Excerpt: ...tory relief and damages. Now, Defendant moves for terminating sanctions. The motion is unopposed. Legal Standard Under Code of Civil Procedure section 2023.030, the court is empowered to impose monetary, issue, evidence, or terminating sanctions for misuse of the discovery process, which includes, but is not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or mate...

Excerpt: ...iated this action. On 8/12/2020, Plaintiffs substituted Natalia Ascenio for Doe 1. Now, Plaintiff moves for a preliminary injunction. Legal Standard CCP section 527(a) requires a motion for a preliminary injunction to establish with facts in affidavits or in a verified complaint that there are grounds to issue a preliminary injunction. ¿Declarations may be used under section 2015.5 because they are equivalent to an affidavit. The plaintiff has t...

Excerpt: ...alicious prosecution. Two demurrers were filed by Defendant in this action, one to the TAC and another to a non-existent fourth amended complaint (4AC). Defendant filed a notice of errata acknowledging this error, and renamed the 4AC demurrer to a demurrer to the TAC. However, it remains unclear why Defendant filed two separate demurrers to the same cause of action, and why Defendant would have renamed the 4AC demurrer rather than withdraw it. Gi...

Excerpt: ...oves to compel the deposition of I. Donald Weissman (Mr. Weissman). Factual Background This action arises out of a default judgment entered in an earlier case (Underlying Action) initiated by Alvaro Cortes against Jeremy LeClair. Service of the Summons and Complaint in that action was effected through service by publication. Plaintiff, who was residing in North Carolina at the time that the Underlying Action was initiated, contends that service b...

Excerpt: ...6, LLC, alleging: (1) strict products liability; (2) breach of warranty; (3) breach of duty to provide adequate warnings; (4) negligence; (5) premises liability; (6) negligence; and (7) negligent infliction of emotional distress. Now, Walgreens and P&L Development, LLC (collectively, Defendants) move for summary judgment of the five causes of action asserted against them in Plaintiffs' Complaint. Legal Standard Code of Civil Procedure section 437...

Excerpt: ...nd it has been determined whether or not the wiped phone's text messages are recoverable, Defendant may refile a motion for issue/evidentiary/monetary sanctions. 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: ...

Excerpt: ...first amended complaint (FAC) against Wilshire House Association (WHA), Andres Cantor, Lorraine Zeidler, Myrna Dubin and Susan Geldin as successor trustees of the Geldin Family Trust dated 1/24/1991, and Stacy Gerowitz, alleging: (1) breach of written contract (CC&Rs); (2) breach of written contract (Purchase and Sales Agreement); (3) fraud; (4) specific performance; (5) quiet title; (6) breach of fiduciary duty; and (7) declaratory relief. On 9/...

Excerpt: ...son (Thompson), alleging: (1) unlawful discrimination/retaliation – gender/sex; (2) unlawful harassment—gender/sex; (3) Labor Code section 1102.5 retaliation; (4) violation of Labor Code section 1198.5; and (5) unlawful discrimination/retaliation –disability. Now, USC, Jividen, Gaspari, and Thompson (collectively, Defendants) move to compel Plaintiff to arbitrate their Complaint. Concurrently, Plaintiff moves to stay Defendant's motion to c...

Excerpt: ...rike is DENIED. On 3/5/2021, Plaintiff Cynthia Bowman (Plaintiff) filed suit against Lamps Plus, Inc., Lamps Plus Holdings, Inc., and Cindy Beeson, alleging: (1) discrimination on the basis of age; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination; (4) breach of implied-in-fact contract not to terminate employment without good cause; and (5) intentional infliction of emotional distre...

Excerpt: ...ging: 1-2) fraudulent transfer; 3-4) fraud; 5) conspiracy to commit fraud; and 6) declaratory relief. Now, Defendants move to recover attorneys fees and costs as the prevailing party. The motion is unopposed. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fe...

Excerpt: ...iled suit against Hyundai Motor America, Inc. (Hyundai), and Norm Reeves Hyundai Superstore alleging: (1) breach of implied warranty of merchantability; (2) breach of express warranty; and (3) negligence. Now, Hyundai demurrers to Plaintiff's Complaint. Discussion Hyundai argues that Plaintiff's entire Complaint is uncertain. Hyundai also argues that Plaintiff's first cause of action is barred by the statute of limitations and that his third caus...

Excerpt: ...ods; (2) failure to provide rest periods; (3) failure to provide itemized statements and maintain accurate payroll records; (4) failure to reimburse business expenses; (5) failure to provide pay wages upon termination of employment; (6) violation of California Labor Code section 558; (7) unfair competition; and (8) penalties pursuant to the Private Attorneys General Act (PAGA). Now, Plaintiff moves for the Court to approve the Parties' PAGA settl...

Excerpt: ... fourth cause of action. - Defendant's demurrer is sustained, without leave to amend as to the third, fifth, and sixth causes of action. Accordingly, Defendant's motion to strike is MOOT. On September 27, 2020, Plaintiffs Estate of Tok Hui Till, Sunja Ja Lam, and Jonathan Till (collectively, Plaintiffs) initiated this action. On February 24, 2020, Plaintiffs filed a first amended complaint (FAC) against the Los Angeles Centers for Alcohol and Dru...

Excerpt: ...e § 201]; (2) failure to provide minimum wage compensation [Labor Code §§ 1197,1194, 1194.2]; (3) failure to provide overtime and double-time compensation [Labor Code §§ 510, 1994]; (4) failure to pay wages for rest break periods [Labor Code § 226.7]; (5) failure to pay wages for meal break periods [Labor Code § 226.7]; (6) failure to provide accurate itemized wage statements [Labor Code § 226.]; (7) waiting time penalties [Labor Code § ...

Excerpt: ...and seventh causes of action as to ALL CROSS-DEFENDANTS -Cross-Defendants' demurrer is sustained, WITHOUT LEAVE TO AMEND, as to the second cause of action as to ALL CROSS- DEFENDANTS -Cross-Defendants' demurrer is overruled as to the eighth cause of action against CROSS-DEFENDANT ANGELES Plaintiffs Assadullah Shahand and Sabaitip Shahand (Plaintiffs) filed suit against Nationstar Mortgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee f...

Excerpt: ...onal distress; (2) negligence; and (3) breach of contract. Now CSMC demurs to Plaintiffs' Complaint. CSMC also moves to strike portions of Plaintiffs' 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.¿ (Taylor v. City of Los Angeles Dept. of Water a...

Excerpt: ...cious prosecution. On November 4, 2020, the Court granted the Eiselstein's special motion to strike, but denied Defendant Dobson and the Law Offices of Michele A. Dobson's special motion to strike. Now, Defendants Dobson and the Law Offices of Michele A. Dobson (collectively, Defendants) demur to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.A...

Excerpt: ... render his claim time-barred. Legal Standard Government Code section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Emphasis added.) The date of accrual for the purpose of presentation of a claim is the date on which the cause of action would have accrued within the meaning...

Excerpt: ...esponsive pleading within the statutorily prescribed time. Plaintiff requested entry of default, and default was entered. Defendant subsequently moved twice to set aside the default, and both times this Court denied the motion. Defendant appealed, and on February 22, 2019, the Court of Appeal reversed this decision and remanded with instructions to set aside the default. On July 1, 2020, Defendant's motion for a judgment on the pleadings was gran...

Excerpt: ...SAC) against Pristine Windows, Inc., Sejon Ding, and Hudson Insurance Company, alleging: (1) breach of contract; (2) negligence; (3) fraud (false promise); and (4) enforcement of bond. Defendants Pristine Windows, Inc. and Sejon Ding (collectively, Defendants) now demur to Plaintiffs' third cause of action. Defendants also move to strike portions of Plaintiffs' SAC. Legal Standards A demurrer for sufficiency tests whether the complaint states a c...

Excerpt: ...llectively, Defendants), alleging: (1) perceived and/or physical disability harassment, discrimination, and retaliation in violation of FEHA; (2) harassment, discrimination, and retaliation in violation of CFRA; (3) retaliation and wrongful termination in violation of public policy; and (4) declaratory relief. Now, Defendants more for summary judgment, or, in the alternative, summary adjudication, of Plaintiff's Complaint. Legal Standard Code of ...

Excerpt: ...ity Defendants' motion to strike improper and/or scandalous allegations is denied. On 12/18/2021, Plaintiff Abraham Cruz filed suit against Mark Radecki, Cory Moss, Newell Ruggles, Estate of David Perez, David M. Perez, Vincent Perez, Chris Perez, Peter Perez, City of Industry, Industry Housing Authority, Valley Vista Services, Inc., Grant Central Recycling & Transfer Station, Inc., Zerep Management Corporation, Catherine Marcucci, Mike Bruebel, ...

Excerpt: ...thbook Indemnity Company (Allstate), Theodore M. Endres, and the Law Offices of Steven D. Levine, alleging: (1) breach of the implied covenant of good faith and fair dealing; (2) breach of contract; and (3) breach of fiduciary duty. Plaintiffs only asserts the first and second causes of action against Allstate. Now, Allstate moves for summary judgment, or, in the alternative, summary adjudication, of the causes of action asserted against it. Fact...

Excerpt: ...1) harassment—FEHA; (2) failure to prevent harassment-FEHA; and (3) Private Attorney General Act (PAGA). Now, USC moves to compel Plaintiff to arbitrate his first and second causes of action. Plaintiff also moves to bifurcate Plaintiff's PAGA claim and stay these proceedings in this Court pending arbitration of Plaintiff's individual claims. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the C...

Excerpt: ... complaint (FAC) sets forth claims for: (1) breach of contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; and (10) judicial foreclosure. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. On June 30, 2020, this Court d...

Excerpt: ... filed suit against Walgreen Co., and Lee Whitmore Properties 6, LLC, alleging: (1) strict products liability; (2) breach of warranty; (3) breach of duty to provide adequate warnings; (4) negligence; (5) premises liability; (6) negligence; and (7) negligent infliction of emotional distress. Now, Defendants Walgreen Co. and P&L Development, LLC move for an order compelling Plaintiff Helen Bernal to answer questions she refused to answer in deposit...

Excerpt: ...or meal periods not provided; (4) failure to pay minimum wage; (5) hostile work environment for sexual harassment in violation of Government Code section 12940; (6) retaliation; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) negligent hiring, supervision, and retention; (10) unfair competition; (11) money had and received; (12) accounting (for tips); (13) conversion; and (14) theft. Now, Defe...

Excerpt: ... $1,250 are imposed on Defendant Miles, individually. On August 5, 2019, Plaintiff Blue Town, LLC (Plaintiff) filed this action. On March 13, 2020, Plaintiff filed a first amended complaint (FAC) against Southwest Services Group, LLC (Southwest), RT Development, LLC (RT), and Brett Miles (Miles), alleging: (1) breach of promissory note; (2) fraudulent inducement; (3) negligent misrepresentation; (4) account stated; and (5) money had and received....

Excerpt: ...st be organized and limited to the services provided for Defendant Lo alone. If counsel contends that any material is privileged, that information should be individually redacted. On January 26, 2017, Plaintiff Joy Slagel (Plaintiff) filed suit against Liberty Mutual Insurance Company (LMIC), Ariam Alemseghed, and Leann Lo, alleging: (1) age discrimination; (2) age harassment; (3) retaliation in violation of FEHA; (3) discrimination on the basis ...

Excerpt: ...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. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿...

Excerpt: ...hwarcz aka David Schwartz, Marlon Schwarcz aka 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 enrichm...

Excerpt: ...Gao's demurrer is OVERRULED as to all other causes of action. Accordingly, Gao's motion to strike is MOOT. On 5/15/2019, Plaintiff Huihua Jiang initiated this action against Yuan Gao and Million Phoenix Lee. On 10/2/2020, Plaintiff filed a third amended complaint (TAC), alleging: (1) accounting; (2) accounting; (3) unjust enrichment; (4) unjust enrichment; (5) quiet title; (6) breach of fiduciary duty; (7) ejectment; (8) conversion; and (9) fraud...

Excerpt: ...or release of property mechanics lien. On 7/17/2020, default was entered against the MFredeluces Company, LLC. Now, Plaintiff moves to compel further discovery responses from Mr. Fredeluces. On 4/5/2021, the Court continued this motion to provide Defendant, whose counsel had recently been relieved, an opportunity to respond. On 4/20/2021, Plaintiff filed a supplemental brief to inform the Court that, to date, no supplemental responses have been p...

Excerpt: ...n 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, this Court granted Defendant's unopposed special motion to strike. Now, Defendant moves to recover $44,437.50 in attorneys fees and $120.00 in costs, pursuant to CCP section 425.16(c)(1). Legal Sta...

Excerpt: ...intiff Carmen A. Trutanich (Plaintiff) initiated this action. On 9/9/2020, Plaintiff filed a first amended 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 ...

Excerpt: ...as to the second cause of action. - Defendants' demurrer is OVERRULED as to the sixth and seventh causes of action. - Defendants' motion to strike is GRANTED in part, MOOT in part: Defendants' motion to strike is GRANTED as to Items 3-5. Defendants' motion to strike is MOOT as to Items 1-2. On 6/7/2019, Plaintiff Daryl Ellis (Plaintiff) filed suit against Alhambra Unified School District (District), Christa Van Orden, Anna Kuo, and Alhambra Educa...

Excerpt: ...3, 2018, Plaintiffs filed a second amended complaint (SAC) against Mercury Casualty Company (Mercury), Sunny Hills Associates, Inc., Alliance Environmental Group, Patriot Environmental Services, and Delta Commerce Corporation, alleging: (1) breach of contract; and (2) breach of the covenant of good faith and fair dealing; and (3) negligent misrepresentation. Plaintiffs move to compel further responses to special interrogatories and inspection dem...

Excerpt: ...cause of action. Accordingly, Defendants' motion to strike is MOOT. On 11/21/2019, Plaintiff Ashkan Aframian (Plantiff) filed suit against Hersel Neman, Sion Neman, Morad Neman, and Pacific Eurotex Corporation (collectively, Defendants). On 11/12/2020, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of oral contract; (2) fraud; and (3) quantum meruit. Now, Defendants Hersel Neman, Sion Neman, Morad Neman, and Pacific Eurotex ...

Excerpt: ...ode 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 entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) Subdivision (p)(2) of...

Excerpt: ...and twelfth causes of action -Defendant's demurrer is overruled as to the seventh, eighth, tenth, and eleventh causes of action On August 7, 2019, Plaintiff Yuliya Gayevska (Plaintiff) initiated this action. On 11/16/2020, Plaintiff filed a second amended complaint (SAC) against Zinc Financial, Inc. (Defendant), alleging: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) unfair competition; (4) breach of fiduciary...

Excerpt: ...end for the ninth cause of action, Plaintiff will be allowed to add injunctive relief as a remedy to the operative pleading. 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...

Excerpt: ...poration, 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 1/2/19, Defendants demurred to the FAC. On 2/27/19, demurrer was sustained without leave to amend as to COA 2-6. On 3/11/19, Defe...

Excerpt: ...immer Biomet, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, and Iqbal Ansgar Anwar, M.D., alleging: (1) strict product liability design defect; (2) strict product liability; (3) negligence; (4) breach of implied warranty of merchantability; (5) professional negligence; (6) negligence; (7) respondeat superior; (8) negligent hiring; and (9) negligent use of defective product. Now, Ka...

Excerpt: ... first amended complaint (FAC) alleges: (1) breach of fiduciary duty; (2) accounting; (3) unjust enrichment; (4) fraud; and (5) constructive trust. Now, Defendants Golnaz Afgo-Ahmadi and Blo & Fil, LLC (collectively, Defendants) seek an order requiring Plaintiff to post security for costs. Defendants propose $70,000 as an appropriate security bond figure. Factual Background This action arises out of an alleged loan from the late Dr. Sacha Tehranc...

Excerpt: ...using 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) seeking injunctive relief and recovery of improper expenditures or amounts due to City of Industry under Code of Civil Procedure 526 and common law. Now, Plaintiff moves for a preliminary injunctio...

Excerpt: ...urrer, the Court does not take up the question of whether or not Plaintiff's allegations are sufficient to support a prayer for punitive damages. On 8/18/2020, Plaintiff Jeanette Bustos filed suits against H2 Fashion and Hung Tong, alleging: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) dec...

Excerpt: ...d suit against Sam Eshaghian, Avalon Park Plaza, LLC, and Pacific Center Place, LLC. On 8/28/2018, Plaintiff filed a third amended complaint (TAC), alleging: (1) foreclosure of mechanics' lien; (2) breach of written contract, count 1; (3) breach of written contract, count 2; (4) common counts; (5) fraud; (6) negligent misrepresentation; (7) imposition of constructive trust; (8) intentional fraudulent transfer; (9) constructive fraudulent transfer...

Excerpt: ...r to avoid having to readdress these arguments if, and when, Defendant/Cross-Complainant Mathy Fredeluces seeks, and obtains, leave to file a cross-complaint. On 8/21/2020, Plaintiff Han Chanh Quach (Plaintiff) filed a petition for release of property mechanics lien. On 7/15/2020, Defendant/Cross-Complainant Mathy Fredeluces filed a cross- complaint against Hai Qunah Quach and the Structural Concrete Group. Now, Plaintiff/Cross-Defendant Han Chan...