Excerpt: ... of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. On 5/03/22, the Court heard and sustained a demurrer to the fraud-based causes of action. On 5/10/22, Cross-Complainants Zanpei Xu and Li Wan filed the operative FACC against Cross-Defendants Rong Lu and For Love & Thre...

Excerpt: ... compromise the medical treatment claims (his own claims), but not the facility claims (APTMC's claims). Thereafter, the settlement unraveled. 3. Motion for Leave to File a Cross‐Complaint On 11/17/122, the Court heard and granted Defendant's motion for leave to file a cross- complaint for breach of the parties' settlement agreement. On 11/18/22, Defendant filed her cross-complaint. On 12/20/22, Plaintiffs' attorney filed a Declaration of Demur...

Excerpt: ... of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. Motion to Reopen Discovery a. Parties' Positions Plaintiffs move to reopen discovery, contending (a) Defendants have erroneously refused to produce their employees, Yidan Xu and Haykanush Gezukaryan, for deposition, ...

Excerpt: ...cident. 2. Motion to Compel Further Responses a. Timeline Plaintiff propounded form interrogatories on Defendant on 11/02/22. At issue is FROG 4.1. FROG 4.1 asks, “At the time of the incident, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rate, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the...

Excerpt: .... 2. Motion to Bifurcate a. Parties' Positions Dollar Tree moves to bifurcate the issue of liability from the issue of damages at trial. It contends the liability phase of the trial will take only days, while the damages phase, if necessary, will take weeks. It contends the damages phase will cause it prejudice if heard concurrently with the liability phase. Additionally, it contends settlement may be possible at the conclusion of the liability p...

Excerpt: ...of action for corporate negligence, intentional misrepresentation, breach of fiduciary duty, wanton and willful misconduct, fraud, and battery to their complaint. They also seek leave to add a prayer for punitive damages. LBMMC opposes the motion, arguing that, to the extent it is a motion for leave to add a claim for punitive damages, it is not timely. It also argues the motion should be denied in its entirety on its merits. Plaintiffs, in reply...

Excerpt: ...plaint, filed on 9/02/22. The crux of Plaintiff's complaint is that she and three others purchased all shares of Plantonics pursuant to a Share Purchase Agreement from Defendant Larios on 5/17/21; pursuant to the agreement, she and non-party Justin Weiner each own 100 shares, non-party Brit Joshua Parker owns 250 shares, and Defendant Danaher owns 550 shares. She alleges she paid $200,000 to Larios to acquire her interest in Plantonics, and paid ...

Excerpt: ... evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have...

Excerpt: .... Plaintiff added Wells Fargo as a named defendant to the action, as it is the bank with the mortgage on the subject property. Defendants are Plaintiff's children, Patrick Chim and Chantha Chim, and their respective spouses, Maria I. Haban and Mekphachanh Chanthaphasouk. Plaintiff alleges her eldest son, Patrick, convinced her to sign over title to him in 2007. She and her husband had divorced, and Patrick convinced her it was in her best interes...

Excerpt: ...o properties, referred to in the complaint as Maple 1 and Maple 2. Plaintiff and the Taylor/Hawrylack defendants have been engaged in litigation since 2011. At ¶107 of the complaint, Plaintiff clarifies that the Court granted Taylor and Hawrylack's request to appoint a receiver to sell both of the subject properties; the order was entered on 5/31/18. As it relates to the defendants who are demurring today, Friedland and Wohl, Plaintiff asserts c...

Excerpt: ...Department regarding the incident. Plaintiff's complaint included causes of action for: · Battery; · Negligence; · IIED; · Fraudulent Concealment; · Private Nuisance; · Public Nuisance. 2. Prior Demurrer On 7/28/22, the Court heard and ruled on Defendants' demurrer and motion to strike portions of the original complaint. The Court sustained the demurrer in part and overruled it in part, and ordered Plaintiff to file an amended complaint. On...

Excerpt: ...al complaint included causes of action for injunctive and declaratory relief. On 6/06/22, Plaintiff filed his operative First Amended Complaint. It names as defendants LBUSD, Dr. Jill Baker, Jay Camerino, Edward Samuels, Mona Merlo, Sashya Tullo, Johnathan Hayes, and Eddie Cruz. It includes causes of action (each of which is pled against all named defendants) for: · Negligence · Negligent Supervision · Tortious Interference with Prospective Ad...

Excerpt: ...iring, supervision, training, and/or retention, and survival. The FAC includes a prayer for punitive damages. 2. Motion to Serve Secretary of State and by Publication a. Relief Sought Plaintiff seeks an order permitting her to serve Defendants Marc Menowitz and Gennady Prilutsky by publication and Defendants ARA II, Inc. and Anaheim Gardens Housing, LLC by service on the Secretary of State. b. Publication i. Law Governing Publication Publication ...

Excerpt: ...t on 11/03/22. On 11/14/22, Plaintiff filed a document entitled “Notice of Entry of Default Judgment if No Responses are received Within 30 days…” The document indicates that default will be entered against Scan Health and Delta Dental Plan if they do not respond within thirty days. 2. Motion to Quash Scan Health & Dental Plan, Inc. filed a notice of special appearance with a motion to quash, contending it is not a legal entity and therefor...

Excerpt: ...C adds allegations that Carrasco, in her capacity as the entity defendant's agent, made representations that Defendant operates out of LA County in Harbor City and that its employees work out of the Harbor City office and live nearby. The FAC also adds a cause of action for Violation of Penal Code §496. 2. Motion to Quash a. Parties' Positions Defendant moves to quash service of the summons and complaint, contending (a) the summons and complaint...

Excerpt: ...ction a. Parties' Positions Plaintiff seeks a preliminary injunction prohibiting Defendants from taking any additional chassis out of Plaintiff's chassis pool during the pendency of this action. Plaintiff provides evidence that Defendants have continually taken chassis out of the pool and failed to remit payment, and seeks an order precluding them to do so in order to prevent irreparable harm. Defendants oppose the motion. They contend Plaintiff ...

Excerpt: ...l Note Defendant filed this motion on 1/03/23, setting it for hearing on 1/24/23, only fourteen court days later. Defendant's notice of motion includes a highlighted caption indicating the date was approved by the court clerk's office on 12/12/22. Defendant fails, however, to show that the clerk's office or anyone else shortened the required notice period for hearing on the motion. Plaintiff did not, in opposition to the motion, raise the timelin...

Excerpt: ...and has taken steps to interfere with the sale of the property. 2. Matters on Calendar Today There are four matters on calendar today: The matters are:  Defendants' motion to strike;  Plaintiff's motion to compel directed at DeBose;  Plaintiff's motion to compel directed at Smith;  Case management conference. 3. Motion to Strike a. Procedural History of Motion Plaintiff filed his complaint on 12/16/21. Defendants filed demurrers and m...

Excerpt: ...ndants. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. 3. Consolidation The two above cases were deemed related on 6/22/22 and were consolidated on 12/08/22. 4. Moti...

Excerpt: ...f action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay mo...

Excerpt: ...On calendar today are Plaintiff's motion for attorneys' fees and Defendant's motion to strike or tax costs. 2. Motion to Strike or Tax Costs a. Procedural History of Costs The Court entered judgment on 6/23/22. The Clerk gave notice the same day. Plaintiff filed a memorandum of costs on 7/11/22, seeking to recover costs in the amount of $106,277.69. On 7/21/22, Defendant filed a motion to strike or tax costs, arguing that (a) Plaintiff failed to ...

Excerpt: ...gligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. All causes of action except the two negligence-based causes of action are brought on a ratification theory. The crux of Plaintiff's complaint is that a substitute teacher, Pietro Dalia, inappropriately touched her breasts and genitals during class. 2. Motion for Summary Judgment a. Relief Sought Defendant seeks summary judgment on the FAC. Alternatively, ...

Excerpt: ...to add a claim for “breach of the duty of undivided loyalty” to its cross- complaint. The proposed cause of action alleges Erlandson breached his duty of undivided loyalty to Eversoft when he solicited a prospective client on behalf of Butler Chemicals while still employed with Eversoft. b. Procedural Posture of Motion Notably, Eversoft takes the position that the duty of undivided loyalty was, at all times, implicated by way of its breach of...

Excerpt: ...al complaint included causes of action for injunctive and declaratory relief. On 6/06/22, Plaintiff filed his operative First Amended Complaint. It names as defendants LBUSD, Dr. Jill Baker, Jay Camerino, Edward Samuels, Mona Merlo, Sashya Tullo, Johnathan Hayes, and Eddie Cruz. It includes causes of action (each of which is pled against all named defendants) for: · Negligence · Negligent Supervision · Tortious Interference with Prospective Ad...

Excerpt: ...$1,750,000 on dates certain. ¶2 of the parties' agreement sets forth the payment schedule. It requires a $200,000 payment by 8/15/22, another $200,000 payment within sixty days thereafter, and $56,250 payments ever month thereafter. The parties' agreement, at ¶5, contains language stating, “In the event that Pate has not timely received a payment…notice of non-payment must be sent to Matrix's counsel, John Stephens, via e- mail…No payment...

Excerpt: ...evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have ...

Excerpt: ...lity (Skating Edge and Heindl); · Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California); · Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez); · Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC); · Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC); · Wrongful Death -- Products Liability – B...

Excerpt: ... the Court heard Defendants' demurrer to Plaintiff's First Amended Complaint, which he filed on 12/28/21. The FAC included causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. The Court issued a detailed ruling sustaining the demurrer with leave to amend. On 8/01/22, Plai...

Excerpt: ...ntiff alleges Defendants hired her in 2004 to work as a non-exempt cashier. She alleges she reported a work injury in May of 2019 and noticed her hours were significantly reduced beginning in June of 2019. She alleges a co-worker told her hours had been decreased because the store manager, Lisa Case, wanted her to quit; Case also allegedly refused to allow her to take her ten-minute break to rest her injured knee. Plaintiff alleges she filed a wo...

Excerpt: ... was uncertain on 5/24/22. Plaintiff filed his operative SAC on 6/13/22. The SAC includes causes of action for quiet title, partition of real property, breach of contract, and fraud. 2. Demurrer to Second Amended Complaint a. Parties' Positions Defendant demurs to the fourth cause of action for fraud in the SAC on the ground that it lacks the required specificity. Plaintiff opposes the demurrer, contending fraud has been pled with specificity, an...

Excerpt: ...ornia Department of Housing and Community Development (“HCD”). Plaintiff alleges she entered into a written contract with Defendant, Salinas, pursuant to which the parties agreed Salinas would assume temporary, non-physical, in-name-only ownership of the subject mobile home so Plaintiff could purchase a second home within the Belmont Shores Mobile Estates. The agreement had a termination date of 10/30/19, and Salinas was obligated to then ret...

Excerpt: ...sale proceeds once the projects were complete. Plaintiff alleges Defendants completed and sold the projects, but made no payments to Plaintiff. Plaintiff alleges both contracts entered into were partnership agreements. Plaintiff alleges, at ¶46 of his complaint, that “Nichols and Thompson” were the alter egos of DDSW; it appears Plaintiff meant to plead that Sazegar and Thompson were the alter egos of DDSW. 2. Motion for Leave to Amend a. Re...

Excerpt: ... firm and individual attorney as defendants, and then names “Celebrity #1-#11” and “John and Jan Does” as defendants. It includes causes of action for right to privacy, emotional distress, mail fraud, conspiracy, and related claims. On 9/08/22, the Court heard the attorney defendants' demurrer to the FAC, as well as Plaintiff's motion for leave to amend. The Court sustained the demurrer without leave to amend and granted leave to amend in...

Excerpt: ...charged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Appe...

Excerpt: ...re liable on all causes of action on an alter ego theory. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assu...

Excerpt: ...harged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. 2. Motion to Compel Further Responses a. History of Discovery Dispute Plaintiff propounded RPDs on Defendant, and Defendant served...

Excerpt: ...ndants. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. 3. Motion for Reconsideration a. Procedural History On 4/26/22, the Court, Honorable Mark H. Epstein presiding...

Excerpt: ...ific performance of deed of trust and appointment of receiver, and damages for breach of contract. 2. Motion for Appointment of Receiver a. Relevant Facts Defendant, Long Beach Square Partners, LLC (“LBSP”) owned the subject property until 2019, when it sold the property to Defendant, LBB Housing Investors, LP (“LBB”) and took a seller take-back note and deed of trust against the property. LBB purchased the property using a loan from Plai...

Excerpt: ...d Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. On 4/19/22, the Court heard and granted Plaintiffs' motion for leave to amend. Plaintiffs were permitted leave to file a Second Amended Complaint, wherein they added the City of Torrance as a defendant in the action. Plaintiffs added the City because th...

Excerpt: ...repay the loans, but Defendants were neither willing nor able to make the payments when they made the representations. On 8/31/21, Plaintiffs filed proof of service on each of the defendants. The POS documents showed service on Sandu and Phan by personal service, and on Legacy by substitute service. On 11/12/21, Plaintiffs dismissed Legacy from the action. On 11/22/21, the Clerk, at Plaintiffs' request, entered Phan's and Sandu's defaults. On 4/1...

Excerpt: ...The Court, on 8/11/22, issued an order scheduling the parties' various motions, including the motion to compel arbitration and demurrer on calendar today. 2. Motion to Compel Arbitration a. Parties' Positions Defendant, Sobol moves to compel arbitration, contending the parties' 2004 agreement for provision of health care services governs Plaintiff's claim, and requires Plaintiff to submit his claims to binding arbitration. Plaintiff opposes the m...

Excerpt: ...nt is that he was the property manager for the Reid/Winn property, as well as the Gray property, and Defendants engaged in improper conduct in order to take those relationships away from Plaintiff and obtain them for themselves. Of note, Reid and Winn are married to each other, and they are very close with the Grays. 2. Motion for Summary Judgment/Adjudication a. Parties' Positions Defendants seek summary judgment on Plaintiff's complaint. Altern...

Excerpt: ...ess as Tiger Construction, failed to complete work done at Khan's property, and that Khan overpaid for the work He did complete. Khan also included Hudson Insurance Company as a cross-defendant in the cross-complaint, and asserts a cause of action on contractor's license bond against Hudson in the amount of $15,000. Hudson filed a cross-complaint against Khan and He. Hudson's cross-complaint contains a sole cause of action for declaratory relief,...

Excerpt: ...GA Settlement Group Members" refers to all current and former hourly employees of Defendant in California during the covered period. (Settlement Agreement, ¶I(O)) "Covered Period" means the period from 6/05/19 to approval of the settlement. (¶I(D)) There are currently 422 PAGA Members. (¶III(B)) The Gross Settlement Sum ("GSS") is $345,000. (¶III(B)) Allocation of the PAGA Penalty Fund: 75% of the PAGA Penalty Fund will be paid to the LWDA as...

Excerpt: ...rdered each party to bear its own costs on appeal. After remittitur, the trial court issued judgment in favor of LBUSD and against Plaintiff on 4/27/22. 2. Motion to Tax Costs Defendant filed a memorandum of costs on 5/19/22. Plaintiff filed a motion to tax costs, specifically appellate costs and expert costs, on 6/02/22. However, on 5/27/22, LBUSD filed an amended memorandum of costs, wherein it no longer sought to recover appellate costs. There...

Excerpt: ...ding, granted Defendants' motion to compel Plaintiffs to sit for their depositions. On 10/07/22, Plaintiffs filed this motion for a protective order, which seeks an order precluding Defendants from deposing Claudia Morales or directing any written discovery at her unless and until her condition improves and she is released from the hospital. The motion was originally scheduled for hearing on 11/01/22 in Department 30 of the Spring Street Courthou...

Excerpt: ...ults entered, but on 9/13/22, the Court issued an order vacating the defaults. On 9/26/22, Defendants filed this demurrer and motion to strike, setting them for hearing on 10/25/22. On 10/17/22, the parties filed a stipulation to continue the hearing on the demurrer and motion to strike, indicating Plaintiffs, who had previously been representing themselves, had recently retained an attorney; the stipulation indicated the attorneys were attemptin...

Excerpt: ...r of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Undertaking a. Procedural History of Motion MSC Mediterranean Shipping Company S.A. filed this motion on 9/20/22, setting it for hearing on 2/16/23. On 10/05/22, the Court granted MSC's ex parte application to advance the hearing on the motion, and the Court rescheduled the hearing for 11/22/22. Any opposition to th...

Excerpt: ...hich is accompanied by a transcript of the 8/24/21 trial proceedings, a tax return, and exam changes from the IRS. · 9/21/22 Court enters judgment in favor of Plaintiff Lieberman against Goldberg and Rucci in the amount of $51,960.97, in favor of VIP against Goldberg and Rucci in the amount of $1779, and in favor of Plaintiffs, jointly, against Goldberg for punitive damages in the amount of $214,959.88. · 9/29/22 Plaintiffs file and serve Notic...

Excerpt: ...alleges Aurora, on 5/16/13, assigned the DOT from Nationstar Mortgage, LLC to Real Time Resolutions, Inc. (“RTR”), the defendant named in this action. She alleges RTR recorded a Notice of Default and Election to Sell on 9/27/21. At ¶14, Plaintiff alleges, “The reverse mortgage on the Subject Property, and they were both living there. At the time of this loan, PLAINTIFF was not old enough herself to qualify for a reverse mortgage. The husba...