Excerpt: ... 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; and (10) declaratory relief. Now, Defen...

Excerpt: ...of Consumers Legal Remedies Act; (2) Business and Professions Code section 17200; (3) Vehicle Code section 11713.18; (4) Vehicle Code section 11713; (5) Fraud; and (6) violations of Song-Beverly Consumer Warranty Act. On 11//10/2020, this Court granted BMWNA's and LBBMW's joint motion to compel arbitration. Now, Plaintiff moves to vacate the order compelling arbitration with LBBMW on the grounds that LBBMW failed to timely pay fees and costs asso...

Excerpt: ...ard An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc. § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) A party who is satisfied with an arbitration award should move to confirm the award. A petition to confirm an arbitration award must include the substance of the agreement to arbitrate, the names of the arbitrators, and the opinion of the arbitrator. (Code Civ. ...

Excerpt: ...ending motion to compel further is MOOT. On March 4, 2020, Plaintiffs Jeremy Robinson and Melissa Robinson (Plaintiffs) filed the instant cause against Defendants FCA US, LLC (FCA) and Glenn E. Thomas Dodge Chrysler Jeep (Glenn). On March 23, 2020, Plaintiffs filed a First Amended Complaint (FAC). The operative FAC alleges seven causes of action: (1) violation of CCP § 1793.2(d) against FCA; (2) violation of CCP § 1793.2(b) against FCA; (3) vio...

Excerpt: ...liction of emotional distress. Defendant Continental Homeowners Association (Defendant) now moves for summary judgment. The Court continued Defendant's motion to allow Plaintiff to submit additional evidence. Despite Plaintiff's supplemental responses being due on March 9, 2021, Plaintiff did not submit supplemental materials until March 15, 2021. Moreover, Plaintiff failed to file a Supplemental Separate Statement. Legal Standard Code of Civil P...

Excerpt: ...l Properties, LLC (Plaintiff) filed suit against California Fair Plan (Defendant). On January 15, 2021, Plaintiff filed a second amended complaint (SAC) alleges: (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 fiduciary duty; (9) negligent misrepres...

Excerpt: ...ssion be issued. On 8/18/2020, Plaintiff James Shimmel (Plaintiff) filed suit against William Jamaica seeking to recover possession of personal property, and alleging: ((1) intentional trespass to personal property, breach of contract; and (3) fraud. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ wi...

Excerpt: ... The Court denies Plaintiff's motion to tax as to: - 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...

Excerpt: ...her to depose Senior BMW Engineer Michael Murray. Discussion Plaintiff argues she will be “severely prejudiced” if she is prevented from taking the deposition of Senior BMW Engineer Michael Murray, given that he can speak to BMW's knowledge of defects with the N63 Engine. Alternatively, Plaintiff requests to submit transcripts, including exhibits of Mr. Murray's depositions in several other cases that involve N63 engine defects. Here, discove...

Excerpt: ...), alleging: (1) slander of title; and (2) declaratory relief. On 10/20/2020, this Court granted Defendant's special motion to strike. Now, Defendant moves to recover $47,043.75 in attorneys fees, pursuant to CCP section 425.16(c)(1). 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.) ...

Excerpt: ... (2) breach of written contract; (3) breach of fiduciary duty; and (4) financial elder abuse. Now, Defendant LTL demurs to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) ...

Excerpt: ... and Bo Wang (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), alleging: (1) violations of the Racketeer Influen...

Excerpt: ...eging: (1) partition of real property; (2) accounting; and (3) declaratory relief. On 12/4/2020, this Court sustained Defendant's demurrer to Plaintiff's second and third causes of action. On 12/22/2020, Plaintiff filed a second amended complaint alleging the same three causes of actions. Defendant now demurs to Plaintiff's second and third causes of action. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of a...

Excerpt: ...Companies, Inc., Gallagher Bassett Services, Inc., Michael (Last Name Unknown), Stephanie Gordan-Madrid, and Gilda Cortez, alleging: (1) employment discrimination; (2) FEHA failure to accommodate; (3) failure to engage in timely and good-faith interactive process; (4) harassment; (5) retaliation; (6) failure to prevent/remedy discrimination and/or retaliation; (7) wrongful discharge in violation of public policy; (8) intentional infliction of emo...

Excerpt: ...sistance; (3) interference with quiet enjoyment; (4) retaliation; (5) invasion of privacy; and (6) harassment. On 3/1/2021, Defendants/Cross-Complainant Harts sought ex parte relief for an temporary restraining order against Defendant/Cross-Defendant Ramirez. The request was granted in part and a hearing for a preliminary injunction was scheduled. The Court now considers the merits of Defendants/Cross-Complainant Harts' request for a preliminary ...

Excerpt: ... Inc. and Juan Carlos, alleging: (1) gender discrimination; (2) sexual harassment; (3) failure to take all reasonable steps to prevent sexual harassment; (4) sexual harassment; (5) retaliation; (6) retaliation; and (7) wrongful termination. Now, Yum Yum Donut Shops, Inc. (Defendant) moves to compel arbitration of Plaintiff's Complaint, and stay all proceedings until the completion of arbitration. Legal Standard Where the Court has determined that...

Excerpt: ...st Olufemi Oguntolu (Oguntolu) and Citibank N.A (Citibank), alleging: (1) partition of real property; (2) accounting; and (3) declaratory relief. On 12/4/2020, this Court sustained Defendant's demurrer to Plaintiff's second and third causes of action. On 12/22/2020, Plaintiff filed a second amended complaint alleging the same three causes of actions. Defendant now demurs to Plaintiff's second and third causes of action. Legal Standard A demurrer ...

Excerpt: ...(1) defamation per se; (2) defamation per quod; (3) trade libel; (4) violation of Business and Professions Code section 17200; and (5) intentional interference with contractual relations. Now, Defendants Kasra Sadr and Safr Law Firm (collectively, Defendants) jointly move for a special motion to strike Plaintiff's Complaint. Because their identical motions apparently got reserved for different dates, March 9 and March 16 respectively, the Court i...

Excerpt: ...e of action. Plaintiff's motion to strike is MOOT as to paragraphs 49, 58, and 60. Plaintiff's motion to strike is DENIED as to paragraphs 101-113. On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) fail...

Excerpt: ... filed a first amended complaint (FAC) alleging: (1) a violation of Civil Code section 1793.2, subdivision (d); (2) a violation of Civil Code section 1793.2, subdivision (b); (3) a violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express warranty; and (5) breach of implied warranty of merchantability. Defendant now demurs to Plaintiff's FAC. Defendant also moves to strike portions of Plaintiff's FAC. Legal Standards A dem...

Excerpt: ...amudra Shamarac Ashok, M.D.; Sammy C. Chan, M.D., G. Almonte; Quinn Bao; M. Cabrera; K. Ferreira; E. Garcia; Jessica Garcia; Eddie Jimenez; Jordan Koelling; Panganiban Doe; Plantillas Doe; C. Ramos; REGRN09172 Doe; Juana Rodriguez; J. Tea; and C. Zhang. On December 16, 2019, Plaintiff filed a second amended complaint (SAC) alleging: (1) statutory elder abuse neglect; (2) violation of the Patient's Bill of Rights (Health & Safety Code § 1430; (3)...

Excerpt: ...verruled as to all other cause of actions. Cross-Defendant's motion to strike is DENIED. On 8/7/2020, Plaintiff Mirae Kim (Plaintiff) filed suit against JC Trade, Inc. d/b/a JC Currency Exchange and Hanna You, alleging: (1) failure to pay overtime compensation; (2) failure to pay wages; (3) failure to pay wages in a timely manner; (4) failure to pay meal and rest period compensation; (5) failure to furnish complaint wage statements; (6) waiting t...

Excerpt: ...n. LADWP's motion to strike is DENIED. Plaintiff Winnetka Vaden (Plaintiff) initiated this action against the Los Angeles Department of Water and Power (LADWP). On 10/02/2020, Plaintiff filed a third amended complaint (TAC). Plaintiff's claims are for 1) strict liability; 2) negligence; 3) premises liability; and 4) dangerous condition of property. LADWP now demurs to Plaintiff' TAC on the grounds that Plaintiff has failed to state a claim. LADWP...

Excerpt: ...on 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). Defendant now moves for a special motion to strike the third, fourth, fifth, and sixth causes of action from Plaintiff's Complaint. Defendant's motion is unopposed. Legal Standard On a special motion to strike pursuant to Code o...

Excerpt: ...020, the Court sustained Defendant's demurrer to the Complaint, with leave to amend. On 8/24/2020, Plaintiff filed a first amended complaint (FAC). Now, Defendant demurrers to the FAC in its entirety. Defendant filed a Notice of Non-Opposition on 2/10/2021 (Opposition was due 2/3/2021), and Plaintiff filed an untimely Opposition 2/16/2021. Court has reviewed the Opposition but it is not considered and still fails to address deficiencies described...

Excerpt: ... against OC Auto Exchange dba LA Auto Exchange, Credit Union of Southern California, and Philadelphia Indemnity Insurance Company, alleging: (1) violation of the Consumers Legal Remedies Act; and (2) claim against bond. On 11/20/2020, Plaintiffs dismissed Credit Union of Southern California from this action. Now, Defendant OC Auto Exchange dba LA Auto Exchange (Defendant) moves to compel arbitration of this action, and the stay the instant procee...

Excerpt: ...20, Plaintiff filed a first amended complaint (FAC) against First American Specialty Insurance Company, Don Simek, Cindy Van Sickle, Valerie Peterson, Cummins & White LLP, and Larry Arnold, alleging: (1) breach of the duty of good faith and fair dealing; (2) breach of contract; (3) unfair business practices; (4) negligent infliction of emotional distress; and (5) intentional infliction of emotional distress. Defendants Don Simek, Cindy Van Sickle...

Excerpt: ...ctions of $190 for a total of $760. On January 16, 2020, Plaintiffs Alvaro Gallegos, Jose L. Gallegos Lopez, and Maria Elena Lopez (collectively, Plaintiffs) filed suit against Luciano Gomez, Jr., alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) nuisance; (5) Business and Professions Code section 17200; (6) negligence; (7) fraud—intentional ...

Excerpt: ...y business expenditures; (2) failure to provide accurate itemized wage statements; and (3) failure to pay wages due at separation of employment. Defendant now demurs to Plaintiff's Complaint on the grounds that Plaintiff is party to a pending federal class action based on identical facts and legal theories to those alleged here. (CCP § 430.10, subd. (c).) Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of act...

Excerpt: ... BMW of North America, LLC and FAA Beverly Hills, Inc dba Beverly Hills BMW, alleging: (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; and (2) breach of express warranty under the Song-Beverly Warranty Act. Defendant BMW of North Ameriac, LLC (BMWNA) now moves to compel arbitration and stay all proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the...

Excerpt: ...ans by and through her successor in interest Pauline Dumont (Plaintiff) filed suit against Glen Park at Glendale – Mariposa Street (Defendant). On July 6, 2020, Plaintiff filed a first amended complaint (FAC), alleging: (1) elder abuse/neglect; (2) negligence; (3) breach of contract; and (4) financial elder abuse. Defendant now demurs to Plaintiff's first, third, and fourth causes of action. Defendant also moves to strike portions of Plaintiff'...

Excerpt: ...ace discrimination; (3) national origin harassment; (4) national origin discrimination; and (5) retaliation for engaging in protected activity. Defendant City of Los Angeles (Defendant) now moves for summary judgment, or, in the alternative, summary adjudication, 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 conte...

Excerpt: ...fendants Bac to Health and John Sherman (Dr. Sherman), alleging: (1) breach of lease; and (2) breach of guaranty. On August 28, 2020, Cross-Complainants John Sherman and Bac to Health filed a cross-complaint against CIM/11600 Wilshire (Los Angeles) LP, CIM Group, LP, CIM/11600 Wilshire (Los Angeles) GP, LLC, CIM Commercial Trust Corporation, Shaul Kuba, Avraham Shemesh, Eva Chang, and Terry Wachsner (collectively, Cross- Defendants), alleging: (1...

Excerpt: ...evrolet (collectively, Defendants), alleging violations of the Song-Beverly Consumer Warranty Act. The parties have since reached a settlement. Plaintiff now moves for attorneys fees and costs totaling $28,397.42 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...

Excerpt: ...ory 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; (6) promissory estoppel; and (7) quiet title. Defendants now 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: ...ion; (2) harassment/hostile work environment; (3) failure to prevent harassment/hostile work environment; (4) retaliation; (5) whistleblowing retaliation; (6) whistleblowing retaliation; and (7) wrongful termination. Defendants S.D.S. and Timely Industries (collectively, Defendants) now move to compel arbitration. Legal Standard “Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petiti...

Excerpt: ...s 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. BMW NA contends that, while it has fulfilled all payments, Plaintiffs have refused to dismiss ...

Excerpt: ... action. Defendants' motion is denied as to the alter ego liability allegations against Defendant Robert Perkins. On November 28, 2018, Plaintiff Jesse Daniels filed a first amended complaint (FAC) against NorthStar Sourcing Group, LLC, NorthStar Sourcing LLC, and Robert Perkins, 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 C...

Excerpt: ...rimination; (2) harassment; (3) failure to prevent discrimination and harassment; (4) declaratory judgment; (5) violation of the California Equal Pay Act; (6) wrongful termination; and (7) Private Attorney General 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 arbi...

Excerpt: ...ixth, seventh, twelfth, and thirteenth causes of action against KF, INC alone. - Plaintiff's motion is DENIED in all other respects. On August 6, 2018, Plaintiff Gorji Ashraf (Plaintiff) filed suit against Kolah Forangi, 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 interacti...

Excerpt: ...violation of FEHA; 2) negligence; 3) negligence per se; 4) vicarious liability – assault; and 5) vicarious liability – battery. Defendants have clarified that Amazon.com Inc and Golden State FC LLC are in fact one entity, Amazon.com Services, Inc. (Amazon). Amazon now moves for terminating sanctions and/or monetary sanctions given Plaintiff's repeated failures to comply with this Court's order concerning Plaintiff's deposition. Discussion On ...

Excerpt: ...d suit against Full Circle Real Estate Solutions, Inc., the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) violation of Business and Professions Code section 7163; (8) breach of fiduciary duty; (9) cancellation of instruments; (11) declar...

Excerpt: ...terest and that this assignment took place prior to Plaintiff's declaration of bankruptcy; (2) that Ms. Joe had no actual or constructive notice of the entry of the Court's order granting Defendant's judgment on the pleadings, and (3) a legally adequate explanation as to why Ms. Joe failed to timely file a notice of real party in interest and appear in the case. On 4/13/16, Plaintiff Carlo, LLC brought the instant action against Defendant 4518 Ho...

Excerpt: ...tiff Tania Tomyn, Lori Chipps, and Retrolock Corp. (collectively, Plaintiffs) filed suit against Shien Cheng Meng aka Lydia Meng, Sy-Bor Ma aka Dennis Ma, and Townsteel, Inc. (TS) (collectively, Defendants), alleging: (1) breach of contract; (2) false promise; (3) interference with contractual relations; (4) breach of the covenant of good faith and fair dealing; and (5) declaratory relief. Defendants now demur to Plaintiffs' third cause of action...

Excerpt: ...d, fourth, and fifth causes of action - SUSTAINED, WITHOUT LEAVE TO AMEND, as to the seventh cause of action. Defendant's motion to strike is GRANTED in part, MOOT in part. Defendant's motion is granted as to Plaintiff's request for attorney fees arising out of its first and sixth causes of action. Defendant's motion is moot in all other respects. On November 27, 2019, Plaintiff Idyll Properties, LLC (Plaintiff) filed suit against California Fair...

Excerpt: ...Vicious Crowe. On May 21, 2019, Plaintiff filed a first amended complaint (FAC) alleging: (1) defamation –libel; (2) defamation—libel per se; and (3) false light. On October 2, 2019, Plaintiff served nonparties Indeed, Inc. (Indeed), Glassdoor, Inc. (Glassdoor), and Yelp, Inc. (Yelp) with a deposition subpoena for the production of documents. Plaintiff now moves to compel Indeed, Glassdoor, and Yelp to produce documents pursuant to these depo...

Excerpt: ...ir competition against Defendant Netflix, Inc. (Netflix). Now, Netflix moves for summary judgment, or, in the alternative, summary adjudication of Viacom's Complaint. Viacom moves for summary adjudication of its unfair competition cause of action. Because the parties' motions address identical questions of law, the Court has consolidated its ruling into a single analysis. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provid...

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

Excerpt: ...wage statements; (3) failure to make payment within required time; (4) unfair competition; and (5) breach of oral contract. On February 5, 2019, this action was reclassified from unlimited to limited. On August 26, 2019, this action was again reclassified as unlimited. On January 31, 2019, Plaintiff dismissed his first cause of action for wrongful termination in violation of public policy. On July 16, 2019, Plaintiff dismissed his prayer for puni...

Excerpt: ...ause 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 Drug Abuse and Connie Chung, alleging: (1) wrongful death; (2) violation of Welfare and Institutions Code section 15610.57; ...

Excerpt: ...Wilton Korean Presbyterian Church: DENIED - FROG No. 1.1 as to all Plaintiffs: GRANTED - FROG No. 12.1-12.7 as to all Plaintiffs: GRANTED - FROG No. 14.2 as to all Plaintiffs: GRANTED - FROG No. 17.1 as to all Plaintiffs: DENIED On 6/24/19, Plaintiff Wilton Korean Presbyterian Church in Los Angeles (herein, the “Han Parties”) filed a Complaint against Do Woo Kim; Do Rim Kim; and Law Firm of J.S. Kim & Associates, a Professional Law Corporatio...

Excerpt: ...on per se; (2) libel and slander; (3) false light; (4) intentional infliction of emotional distress; and (5) elder abuse restraining order. Defendant Hannah Howell (Defendant) now moves for a special motion to strike Plaintiffs' Complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action ...

Excerpt: ..., Ilic, and Antelope Valley Mercedes, Inc. On March 22, 2019, Plaintiff filed a first amended complaint (FAC), alleging: (1) fraud; (2) quiet title; (3) declaratory relief; and (4) punitive damages. According to Plaintiff, a settlement was reached between the parties as a result of a mandatory settlement conference. Now, Plaintiff, representing himself, seeks rescission of the settlement agreement, arguing that he was forced into entering an amen...

Excerpt: ...scrimination; (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 FEHA; (6) failure to provide reasonable accommodation in violation of FEHA; (7) failure to engage in the interactive process in violation of FEHA; (8) breach of express oral contract not to terminate employment without good cause; (9) br...

Excerpt: ...alleging: (1) defamation: libel; (2) intentional interference with prospective business relations; and (3) negligent interference with prospective business relations. Both Defendants now move for summary judgment, or, in the alternative, summary adjudication. For ease, the Court has consolidated its analysis of both motions into a single motion. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move...

Excerpt: ...a Mr. Cooper (Nationstar), 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, as Cross-Complainants, filed a cross-complaint against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), and Tip Top Merchandizing, Inc. (Tip Top). Cross-Complainants second amended cross complaint (...

Excerpt: ...edies Act; (2) Business and Professions Code section 17200; (3) Vehicle Code section 11713.18; (4) Vehicle Code section 11713; (5) Fraud; and (6) violations of Song-Beverly Consumer Warranty Act. Defendants now 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 �...

Excerpt: ... Lagoons Grand Ave Partners, LLC; Timbers Resort Management, LLC; and Tower Kauai Lagoons, LLC. On 8/19/16, Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief. On 5/22/17, Defendants' demurrer to the FAC was sustained, without leave to amend, as to the third and fourth causes of action. Defendants now...

Excerpt: ...Dobson, alleging malicious prosecution. Defendants Jimmy and Alejandra Eiselstein (collectively, the Eiselsteins) now move for a special motion to strike Plaintiffs' Complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metaboli...

Excerpt: ...3) retaliation in violation of FEHA; (4) failure to prevent discrimination and retaliation; (5) failure to provide reasonable accommodations; (6) failure to engage in a good faith interactive process; (7) retaliation in violation of Govt. Code section 12945.2; (8) declaratory judgment; (9) wrongful termination in violation of public policy; (10) intentional infliction of emotional distress; (11) failure to pay wages; (12) failure to provide rest ...

Excerpt: ...Allegre (collectively, Defendants), alleging: (1) employment discrimination; (2) harassment; (3) retaliation; (4) failure to prevent/remedy discrimination, harassment, and retaliation; (5) wrongful discharge in violation of public policy; (6) defamation; (7) intentional infliction of emotional distress; (8) retaliation in violation of the Labor Code; and (9) failure to permit inspection or copying of employment records. Defendants now move to com...

Excerpt: ...out leave to amend, as to Plaintiff Ray Bulaon Defendants' motion to strike is DENIED. On January 16, 2020, Plaintiffs Ray Bulaon and Christina Gila filed suit against Blandina Largo and Remigio Largo, alleging: (1) breach of the warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) retaliatory eviction; (4) collection of rent on substandard dwelling Civil Code section 1942.4; and (5) negligence. Defendants now demur to Pla...

Excerpt: ...o Plaintiff's fifth, sixth, seventh, eighth, ninth, tenth, eleventh and twelfth causes of action. On August 7, 2019, Plaintiff Yuliya Gayevska (Plaintiff) initiated this action. On August 27, 2020, Plaintiff filed a first amended complaint (FAC) 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 duty; (5) fraud in the in...

Excerpt: ... UDT LLC for 1) specific performance and 2) declaratory relief. Defendant initially moved for $55,905.18 in attorneys fees and costs. After filing supplemental papers, Defendant now seeks only $40,738.53 in total fees and 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.) “Exc...

Excerpt: ...ct (LAUSD), the City of Los Angeles, and Christina Velasco for negligence. Defendant LAUSD now 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...

Excerpt: ...omplaint (SAC) against the Los Angeles School District (LAUSD), Ana Velasco, and Nelson Velasco, alleging: negligence and premises liability. Defendant now moves for summary judgment of Plaintiff's SAC. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or pr...

Excerpt: ...leging: (1) slander of title; and (2) declaratory relief. Defendants now move for a special motion to strike Plaintiff's motion. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; ...

Excerpt: ...g with this ruling and this Court's 5/17/19 Order. On October 1, 2018, Amtax Holdings 2001-U, LLC (Amtax U) filed a third amended complaint (TAC) against Preservation La Brea, LLC, Corridor Economic Development Corporation n/k/a Ausar Economic Development Corporation, James Perley, Western American Properties, LLC, Anita Landecker, Squier Properties, David Perel, and Preservation La Brea, LP as a nominal Defendant, alleging: (1) breach of written...

Excerpt: ...y Mercury Casualty Company to Plaintiffs Kreitzman and Brian Senit (collectively, Plaintiffs) for damages caused by water damage. On March 21, 2017, Plaintiffs filed the instant action. On May 23, 2018, Plaintiffs filed the operative second amended complaint (SAC) against Mercury Casualty Company, Sunny Hills Associates, Inc., Alliance Environmental Group, Patriot Environmental Services, and Delta Commerce Corporation, alleging: (1) breach of con...

Excerpt: ...OON CHUL PARK, an individual; UN YOUNG KIM, an individual; JONATHAN KIM, an individual; JAMES KIM, an individual, SHARON KYOUNG OK, an individual, & DOES 1 through 50, inclusive, Defendants. Case No.: 19STCV44758 Hearing Date: October 5, 2020 Defendants' demurrer and motion to strike the SAC is MOOT. The instant case is related to case numbers 19STCV16827, 19STCP04605, and 19STCP02628. The lead related case is number 19STCV16827. On December 11, ...

Excerpt: ...mplaint against his former employers Defendants Green Farm Inc. and Green Farms California, LLC (collectively, “Defendants”) alleging eight (8) causes of action for (1) Disability Discrimination in Violation of the California Fair Employment and Housing Act (“FEHA”); (2) Failure to Accommodate in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Retaliation in Violation of the FEHA; (5) ...

Excerpt: ...Company (“Plaintiff”) filed a First Amended Complaint against Defendants NMA Dental Management, LLC aka Dental Management LLC; Dental Experts, LLC and Affiliates; Michael Peters (“Peters”); Sameera Tasnim Hussain; and Field of Dreams Dental Management , LLC for (1) breach of written contract, (2) breach of written guarantee, (3) breach of written contract (Count II), (4) breach of written guarantee (Court II), (5) account stated, (6) open...

Excerpt: ...ta, Inc. is GRANTED. Nonparty Accuretta, Inc. is ordered to comply with the subject deposition subpoena served on March 3, 2020 within 30 days. This is an action by Govind Vaghashia, on behalf of himself and of his company, Graphic Research, Inc. dba GTEK/BYCAN Systems (“Graphic”), against Prashant Vaghashia and Graphic. This case has been consolidated with BC704685, which involves Govind and Govind's wife Sonal as Plaintiffs, and Prashant an...

Excerpt: ... ordered to serve further verified responses within 10 days. Plaintiff/Cross-Defendant Govind R. Vaghashia's Motion to Compel Further Responses to Requests for Production, Set Two is GRANTED. Graphic Research, Inc. is ordered to serve further verified responses within 10 days. Plaintiff/Cross-Defendant Govind R. Vaghashia's requests for monetary sanctions are GRANTED in the sum of $2,054 against Graphic Research, Inc. Sanctions are payable throug...

Excerpt: ...auses of action. Defendant Brian Gordon's Demurrer to Plaintiff Kevin Castillo's Complaint is OVERRULED as to the sixth, seventh, and ninth causes of action and SUSTAINED without leave to amend as to the tenth and eleventh causes of action.[1] Background On February 7, 2018, Plaintiff Hector Albert Diaz (“Diaz”) filed a complaint against Defendant LLP Production Services, Inc. in this action (BC693224) for (1) failure to pay all wages due, in...

Excerpt: ... suit against the Los Angeles Unified School District (LAUSD). On September 13, 2018, Plaintiff filed a first amended complaint (FAC), alleging: (1) negligence; and (2) negligent hiring/retention/supervision. On July 25, 2018, Plaintiffs Jane C.B.R. Doe and Jane C.J.B. Doe in related Case No.: BC715363 filed suit against LAUSD. On September 13, 2018, Plaintiffs filed a first amended complaint (FAC), alleging: (1) negligence; and (2) negligent hir...

Excerpt: ... to the first, third, fifth, ninth, tenth, and thirteenth. Accordingly, Defendants' motion to strike is MOOT. On January 16, 2020, Plaintiffs Alvaro Gallegos, Jose L. Gallegos Lopez, and Maria Elena Lopez (collectively, Plaintiffs) filed suit against Luciano Gomez, Jr., alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) nuisance; (5) Business an...

Excerpt: ... GRANTED. This action arises out of water intrusion events at the residence of Carolyn and Bleaker Daniels (“the Daniels”). After the intrusions, the Daniels sought the services of Plaintiff American Technologies, Inc. (“ATI”) to perform repair work on the residence. ATI alleges that the Daniels did not pay for repair services, and it filed a Complaint against the Daniels, setting forth claims for 1) breach of contract; 2) common count; 3...

Excerpt: ...laremont Capital Partners, LLC; Summit Manufacturing, LLC; DJCC Corporation; Commerce Concentrates, LLC; NotStanLa, Inc.; GE United Technologies, LLC; Cannex Holdings (California) Inc.; The Cure Company; The MCR Group, Inc.; 6436 Corvette, LLC; A&E Investment Group, LLC; and ROES 1 through 25, inclusive, Real Parties in Interest Case No.: 19STCV27029 Hearing Date: September 14, 2020 Defendants' motion to transfer this action to the Writs and Rece...

Excerpt: ...inst L.A. County, L.A. County Sheriff, Jonathan Byrne, Felipe Perez, Laura French, and James Eggar, alleging: (1) assault; (2) false arrest; (3) false imprisonment; (4) over detention; (5) violation of civil rights pursuant to 42 U.S.C. section 1983; (6) conspiracy; and (7) neglect to prevent pursuant to 42 U.S.C. section 1986. Defendants County of Los Angeles, Deputy Yvonne Reyes, Deputy Laura French, Deputy Felipe Perez, and Deputy Jonathan Byr...

Excerpt: ...rds for in-camera review. Moreover, the Court orders Defendant to submit supplemental materials which address the inadequacies identified in this ruling. On August 6, 2018, Plaintiff Institute of Contemporary Art, Los Angeles, f/k/a Santa Monica Museum of Art, filed a Complaint against 1717 UDT LLC for 1) specific performance and 2) declaratory relief. Defendant now moves for $55,905.18 in attorneys fees. Legal Standard The party claiming attorne...

Excerpt: ... covenant of good faith and fair dealing; and (3) declaratory relief. On December 14, 2018, Defendant Indian Harbor Insurance Company, Inc. filed a cross‐complaint against Playboy Enterprises, Inc., PEI Holdings, Inc., and Playboy Enterprises International, seeking: (1) declaratory relief; (2) reimbursement of settlement payments; and (3) breach of contract. Now, Indian Harbor Insurance Company, Inc. (Defendant) moves for summary judgment, or s...

Excerpt: ...nst Greater El Monte Community Hospital (Hospital); AHMC Healthcare, Inc.; Nagasamudra Shamarac Ashok, M.D.; Sammy C. Chan, M.D., G. Almonte; Quinn Bao; M. Cabrera; K. Ferreira; E. Garcia; Jessica Garcia; Eddie Jimenez; Jordan Koelling; Panganiban Doe; Plantillas Doe; C. Ramos; REGRN09172 Doe; Juana Rodriguez; J. Tea; and C. Zhang. On December 16, 2019, Plaintiff filed a second amended complaint (SAC) alleging: (1) statutory elder abuse neglect; ...

Excerpt: ...nst Greater El Monte Community Hospital (Hospital); AHMC Healthcare, Inc.; Nagasamudra Shamarac Ashok, M.D.; Sammy C. Chan, M.D., G. Almonte; Quinn Bao; M. Cabrera; K. Ferreira; E. Garcia; Jessica Garcia; Eddie Jimenez; Jordan Koelling; Panganiban Doe; Plantillas Doe; C. Ramos; REGRN09172 Doe; Juana Rodriguez; J. Tea; and C. Zhang. On December 16, 2019, Plaintiff filed a second amended complaint (SAC) alleging: (1) statutory elder abuse neglect; ...

Excerpt: ... rent; (20 failing to pay relocation assistance; (3) interference with quiet enjoyment; (4) retaliation; (5) invasion of privacy; and (6) harassment. Defendants Richard and Kathryn Hart (collectively, Hart Defendants) now demur to Plaintiff's Complaint. Defendants also move to strike portions of Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.Ap...

Excerpt: ...ause of action. The Court rules as follows to Defendant Lee's demurrer: - SUSTAINED, WITHOUT LEAVE TO AMEND: the first cause of action. - SUSTAINED, WITH LEAVE TO AMEND: all remaining causes of action. Defendants' motions to strike are MOOT. On May 6, 2020, Plaintiff Huihua Jiang filed a second amended complaint (SAC) against Yuan Gao and Million Phoenix Lee, alleging: (1) judicial declaration; (2) accounting for fund and unjust enrichment; (3) r...

Excerpt: ...srepresentation; (2) rescission; and (3) conversion. Defendant now specially appears to move to dismiss Plaintiff's Complaint based on Forum Non Conveniens. Plaintiff filed a late opposition on August 27, 2020. However, in response to Plaintiff's ex parte application August 31, 2020, to continue the hearing on the motion, Defendant has agreed to allow the Court to consider Plaintiff's opposition on the merits, and if necessary to file any Reply b...

Excerpt: ...gulation Z, 12 CFR section 1026.11, subdivision (a)(1), but granted, with leave to amend, as to the violation of Regulation Z, 12 CFR section 1026.10 Prior to the initiation of this lawsuit, on March 18, 2016, Plaintiff Jennifer Personius sued Specialized Loan Servicing (“SLS”) in the Central District of California in Personius v. Specialized Loan Servicing, LLC et al., case number 2:16-cv-01902- SVW-FFM. The gravamen of the Federal Action wa...

Excerpt: ...awarded at this time. Plaintiff moves to compel further responses to her special interrogatories and requests for production (RFPs). Plaintiff seeks sanctions Factual Background Plaintiff was injured while working at the check stand at Defendant's store in 2017. Her fingernail was caught in the conveyor belt and ripped ff. Discussion I. Relief from Waiver Because Defendant's motion for relief from waiver has implications for Plaintiffs' two motio...

Excerpt: ...s Denis Kent Rediger and Randy Newman, alleging: (1) fraud and breach of fiduciary duty; (2) conversion; (3) vicarious liability; and (4) damages to real property. Defendant Denis Kent Rediger (“Defendant”) now demurs to Plaintiff's Complaint in its entirety because it fails to name an indispensable party to the action, and it fails to allege facts sufficient to constitute causes of action. Plaintiff does not oppose. Legal Standard I. Demurre...

Excerpt: ...ch of the cases referenced with respect to both Captain Charles Hearn and Detective Vivian Flores. On October 18, 2018, Plaintiff Alfonso Munoz filed suit against the City of Los Angeles alleging retaliation in violation of the California Fair Employment and Housing Act (FEHA). 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...

Excerpt: ...wood Post No. 2830 and Lt. Ray Musgrove VFW Post 7735 move to expunge the record of notice of pendency of action. Plaintiff opposes. Legal Standard In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has the burden of proof. (CCP § 405.30.) Thus, that claimant, in opposing the motion to expunge the lis pendens, must demonstrate the following: (1) the action affects title to or right of possession of the real pr...

Excerpt: ...section 25249.6 et seq. Plaintiff now moves for approval of the settlement pursuant to Health and Safety Code section 25249.7(f) and entry of the consent judgment. Legal Standard The Safe Drinking Water and Toxic Enforcement Act of 1986, colloquially known as Proposition 65, was passed as a ballot initiative by the California voters, and was designed to prevent the contamination of drinking water with, and generally protect the public from unknow...

Excerpt: ... LLC; and Roy Cripps, setting forth claims for 1) violation of FEHA; 2) negligence; 3) negligence per se; 4) vicarious liability – assault; and 5) vicarious liability – battery. Defendants have clarified that Amazon.com Inc and Golden State FC LLC are in fact one entity, Amazon.com Services, Inc. (“Amazon”). On 7/3/19, Amazon answered the Complaint. On 12/27/19, Amazon filed a motion to compel Plaintiff's deposition. The hearing was conti...

Excerpt: ...intiff's Third Amended Complaint are both MOOT. Plaintiff's Motion for Leave to File Fourth Amended Complaint is GRANTED. As a consequence, defendant Culver City Motor's Demurrer to Plaintiff's Third Amended Complaint is MOOT. Background and Relevant Procedural History This case arises from an alleged incidents where plaintiff Deloris Farmer (“Plaintiff”) entered into a contract with defendant Scandinavian Coachcraft, LLC (“Scandinavian”)...

Excerpt: ...umberto Quevedo filed a complaint against his former employer, Defendant King's Seafood Company, LLC, asserting the following causes of action: (1) unpaid wages (Labor Code, § 202); (2) unpaid overtime wages (Labor Code, §§ 510, 1194); (3) failure to provide meal periods (Labor Code, §§ 226.7, 512); (4) failure to provide rest periods (Labor Code, § 226.7); (5) waiting time penalties (Labor Code, § 226); (6) waiting time penalties (Labor C...

Excerpt: ...D in part. (1) Defendants' motion to set aside defaults is GRANTED. (2) Defendants' motion to transfer venue is DENIED. Background This case arises from claim of plaintiffs Iced Tech, Inc., a California corporation (“ITI”); Glenn Standridge, an individual; David Schaefer (“Mr. Schaefer”), an individual, and Kimberly Schaefer (“Ms. Shaefer”), an individual (collectively, “Plaintiffs”), that defendants Bhogart LLC, a California LLC ...

Excerpt: ...rd, fourth, fifth, eighth, and ninth causes of action. On January 6, 2020, Plaintiff Daryl Ellis filed a first amended complaint (FAC) against the Alhambra Unified School District, Christa Van Orden, Anna Kuo, and the Alhambra Educational Foundation, alleging: (1) petition for Writ of Mandate; (2) declaratory and injunctive relief; (3) racial discrimination; (4) age discrimination; (5) disability discrimination; (6) harassment; (7) failure to eng...

Excerpt: ...nc for Doe Defendants. On December 9, 2019, Plaintiff amended the Complaint to substitute Bertram Rosenthal as a Doe Defendant. On May 22, 2018, this Court granted Defendant Elva Berumen's motion for a judgment on the pleadings. On June 25, 2019, Orthopedic Solutions, Inc. was dismissed from the complaint. On August 15, 2019, default was entered against Defendant R&S Research, LLC. Plaintiff now moves to bifurcate the trial. The motion is unoppos...

Excerpt: ... Church in Los Angeles (collectively, “Plaintiffs”) filed their complaint against Defendants Joon Chul Park, Mary S. Cho, Jong Soon Cho, Young Shin Yoon, Hyun Jong Han, Marian K. Lee, and Buchanan & Patter, LLP (collectively, “Defendants.”) On January 6, 2020, Plaintiffs filed their first amended complaint (“FAC”) against Defendants for: (1) declaratory judgment-injunctive relief; (2) conversion; (3) assault; (4) battery; (5) intentio...