Excerpt: ...ranted without leave. Summary of Case This is a PAGA lawsuit. 1. Background Facts In September 2017, Clarence H. Dodson (“Plaintiff”) began working as a Store Clerk/ Service Clerk at Smart & Final located in Riverside, California. Plaintiff made $10.70 an hour and was paid $13.70 for Sunday shifts. While working at Smart & Final, Plaintiff was continuously not given meal breaks when he worked between 5-6 hours and did not get rest breaks for ...

Excerpt: ...aughn II appeal. SUMMARY OF CASE This is one of many cases between former tenants and their former landlords. BC454063 “Vaughn I” (filed 01.28.11): The action underlying this case. Tenants Jack Vaughn, Esmeralda Hernandez, Wayne Hart, Dennis Goldson, Carlos Rodriguez, and Ernest Johnson brought a wrongful eviction action against defendants: Barbara Darwish (individually & dba 13 Wish), Barbara Darwish dba 13 Wish,Trustee of 1132 Hyperion Ave....

Excerpt: ...reach of written contract; (2) wrongful detention; (3) open account/unjust enrichment, as common count for goods/money had and received; (4) for account stated; (5) money damages for check for insufficient funds; (6) promissory fraud; (7) conversion; (8) illegal distributions; (9) unfair business practice; (10) unjust enrichment; and (11) claim & delivery/replevin. On November 17, 2018, Defendants were served. On December 18, 2018, default was en...

Excerpt: ...Plaintiff and Defendants. Defendants' motion to compel arbitration is thus GRANTED. Defendants' reply relies on evidence produced by Plaintiff after the moving papers were filed. To the extent Plaintiff believes he should have an opportunity to respond before the Court rules on this motion, counsel may request that the hearing be continued. Summary of Case Plaintiff Randolph Redmon sues his former employer and coworkers, Defendants Exemplis LLC, ...

Excerpt: ...(wrongly sued as Progressive Direct Insurance Company) and JP Morgan Chase Bank. The complaint alleges the following: On July 27, 2018, Plaintiff purchased an automobile liability policy from Defendant United that insured against loss connected to the operation of Plaintiff's Toyota Matrix. At the time he purchased this policy, Plaintiff held a valid checking/bank account with Defendant Chase. In early August 2018, Plaintiff was involved in an au...

Excerpt: ...ATIVE RULING 1. Plaintiffs Shonna Marie Carter and Garry Michael Kann's motion to continue trial is GRANTED. 1. Plaintiffs Shonna Marie Carter and Garry Michael Kann's motion for leave to file a SAC is CONTINUED to allow Plaintiffs to provide a copy of the entire proposed SAC. 1. Plaintiffs Carter and Kann's request for judicial notice in support of their opposition to Defendant Farhang's motion for leave to file a cross-complaint is GRANTED. Def...

Excerpt: ...d causes of action. Flying Colors Group's FACC fails to allege sufficient facts to constitute fraud and intentional misrepresentation claims. Yen's demurrer based on insufficiency is OVERRULED as to the fourth, fifth, sixth, and eleventh causes of action. Yen's demurrer based on uncertainty is OVERRULED. Summary of Case On December 31, 2018, Yin Yen filed this lawsuit against the following Defendants:  Auto Palace LLC  Robert Wolfenden (Wam...

Excerpt: ...s tax-exempt nonprofit status). Per section 2033.290(d), Plaintiff requests the court to impose $1,740 in sanctions against Defendant. On July 22, 2019, Defendant filed an opposition, arguing: (1) Plaintiffs failed to meet and confer in good faith; (2) Plaintiffs actively withheld information that would have resolved this dispute, i.e., Plaintiffs' motion agrees to “withdraw” three of the RFAs that Defendant took issue with; (3) Plaintiffs' m...

Excerpt: ... invest Plaintiffs' funds safely on their behalf and provide a reasonable return. Although Plaintiffs' subsequently made numerous requests for the return of their funds, Ling continuously refused. Ling diverted the money for personal use as part of a fraudulent shell game, Ponzi scheme, or related investment scam. On September 25, 2017, Plaintiffs filed the lawsuit against Ling. On January 23, 2018, Ling filed a cross-complaint against Eric Chang...

Excerpt: ... bankruptcy protection on February 22, 2002, as a result of financial difficulties caused in whole or in party by construction defect issues and sales problems. A construction defect lawsuit was filed, which included defects to the “Hilldale stair repairs.” On January 15, 2011, a settlement was reached for $1,400,000. Desmond allegedly hired Savel Defendants and Defendant Blackstone as a general contractor to make repairs after the settlement...

Excerpt: ...iolation of Song‐Beverly Act – Breach of Implied Warranty C/A 3: Violation of Song‐Beverly Act section 1793.2 C/A 4: Fraudulent Inducement – Concealment C/A 5: Fraudulent Inducement – Intentional Misrepresentation On May 29, 2019, Kia filed this demurrer and motion to strike. On June 27, 2019, Plaintiff filed oppositions. On July 3, 2019, Kia filed replies. Summary of Issues Per Code of Civil Procedure section 430.10(e), Kia demurs to P...

Excerpt: ...r Avenue, Playa Del Rey, California, 90293. The complaint is based on the following allegations: On February 6, 2017, the subject property sustained substantial water damage. At the time, Plaintiff had a homeowner's insurance policy through Defendant State Farm. Plaintiff presented a timely claim for the loss. After four months, Defendant only approved a total of $9,241.35 (of which only $3,198.74 was issued for dwelling repairs—the remainder w...

Excerpt: ...rietta Amos (“Plaintiff”) sues Harold Coleman Hall,Green Rock II dba Total Lending Solutions Inc., and 2nd Orchard LLC (Doe 1) (collectively “Defendants”) for claims arising from the unauthorized quitclaim sale of decedent's property located at 1217-1219 W. 60th Place, Los Angeles, CA 90044. On November 1, 2001, Leonard Amos (“Leonard”) and Henrietta Amos (“Henrietta”) acquired title to the property as joint tenants pursuant to a ...

Excerpt: ...d remain in Plaintiff until such product(s) were sold by O My Sole. Shortly after, Plaintiff commenced shipping goods to O My Sole and continued to do so until the third week of May 2018. At the end of May 2018, O My Sole breached the agreement by: (1) failing to make payments due to Plaintiff; (2) refusing to account for product that had been shipped from Plaintiff to Defendant; (3) failing and refusing to return product that had been shipped fr...

Excerpt: ...7 KIA Forte on September 20, 2016. On August 3, 2018, Plaintiff filed this action for: C/A 1: Violation of Civil Code section 1793.2(d) C/A 2: Violation of Civil Code section 1793.2(b) C/A 3: Violation of Civil Code section 1793.2(a)(3) C/A 4: Breach of Express Written Warranty C/A 5: Breach of the Implied Warranty of Merchantability On February 11, 2019, Plaintiff filed this motion to compel further responses. On June 26, 2019, Defendant filed a...

Excerpt: ...n July 2016, Plaintiff began working for a staffing company (nonparty Connect Staffing) and was assigned to work for Defendant Bakers in the packaging department. In October 2017, Plaintiff began receiving treatment for various orthopedic injuries. Plaintiff missed several days from work for medical treatment. In January 2018, Plaintiff severed her employment with nonparty Connect Staffing and began a new employment relationship with Defendant AS...

Excerpt: ...urity protocols and violated laws and safety regulations. Defendant Aerovironment is a defense contractor and leading manufacturer of small, weaponized unmanned aircraft systems or “drones.” In 2017, AeroVironment gained notoriety for its “Switchblade” explosive-bearing drone that is substantially smaller than most other unmanned weaponized aircrafts (it weighs approximately 5.5 pounds, with a length and width of approximately 2 feet). In...

Excerpt: ...erred to as 8516 Borson Street, Downey, California 90242. The complaint is based on the following allegations: Plaintiffs' father and mother, Pok Son Pak and Chong Suk Pak purchased the subject property around 1980. Title to the property was taken by Pok and Chong as husband and wife. In 1991, Chong passed away and title was changed to reflect Chong's death. (Exh. A [Affidavit – Death of a Joint Tenant, recorded July 20, 2000].) Pok continued t...

Excerpt: ...f Case Plaintiffs Connor Abbot, by and through his guardian ad litem Kathleen Kitts- Struyk, and Kathleen Kitts-Struyk, as an individual, sue Defendants Dennis Huynh Cailles, Philip Matthew Tardo Florendo, Regents of the University of California, and The Stewart and Lynda Resnick Neuropsychiatric Hospital for claims arising from Cailles and Florendo's use of inappropriate force on then 13-year-old Connor while he was a patient at the Hospital. Co...

Excerpt: ... and proper, when Cross-Complainant realized it needed to add its “companion corporate entity,” and the reasons why the request for amendment was not made earlier. Summary of Case On March 1, 2017, Plaintiff Prats, Inc. filed a lawsuit against Defendant Reyna Garcia dba Reyna's Bakery for breach of contract, common counts, and a mechanic's lien foreclosure related to the parties' construction contract wherein Prats would design and build a ba...

Excerpt: ... Defendants are an investment advisory firms, which provides advisory and brokerage services. Defendants manage approximately 330 million dollars of assets for its clients. Defendants do their brokerage under its third-party broker-dealer DFPG Investments, Inc. (“DFPG”). From March 8, 2018 until June 2, 2018, Plaintiff was Defendants' COO, where he was responsible for the overall management and operations, i.e., overseeing accounting, personn...

Excerpt: ...s for partition of real property. Plaintiff resides in Arizona. Defendant resides in Los Angeles. Plaintiff seeks the partition of real property commonly known as 1328 W. 59th Street in Los Angeles, California. On October 3, 1997, Plaintiff and Defendant purchased the property. Plaintiff paid the down payment in the amount of $15,000. There is an encumbrance with Bank of America on the property. Plaintiff requests partition of the property and to...

Excerpt: ...17, 18-month-old Landen was diagnosed him Spinal Muscular Atrophy (SMA), a rare neuromuscular genetic disease that affects the control of voluntary muscle movement. [1] On September 7, 2017, Plaintiff Landen's doctor at Children's Hospital Los Angeles, Dr. Leigh Ramos-Platt, made urgent requests for coverage of a medication called Spinraza to treat Landen's SMA. Spinraza is not a cure for SMA, but can halt or reduce the regression and atrophy of ...

Excerpt: ... driver. In September 2014, Plaintiff was involved in an accident while driving at work and suffered serious injuries. In September 2016, Plaintiff underwent surgery for his back due after work exacerbated his injuries. Plaintiff needed time off between September 2016 and February/March 2017. On January 13, 2017, Central terminated Plaintiff's employment. At the time, Plaintiff was over the age of 40. On January 30, 2017, per request, Plaintiff's...

Excerpt: ...ly explain why partition by sale is more equitable; (4) Plaintiff does not provide any explanation as to why no referee must be appointed; and (5) Plaintiff did not file summary of case. Summary of Case On December 13, 2018, Plaintiff Mayra Alejandra Silva filed this complaint for partition against Defendant Julio Rafael Salazar. The complaint alleges that Plaintiff and Defendant are co-owners, as joint tenants, of real property commonly known as...