Excerpt: ...ase proceeded to trial against the City, as well as Officer Eric Anderson (who is Plaintiff's uncle) and Sergeant Robert Bechtol. The jury found in favor of Defendants on the civil rights claim and the battery claim. The jury found in favor of Plaintiff against Sergeant Robert Bechtol and the City on the negligence claim and awarded him a total of $3.75 million in past and future non-economic losses. The Court also asked the jury to determine the...

Excerpt: ...uccessful basis to amend the complaint, the Court may change this tentative order to deny leave to amend, thereby dismissing this case with prejudice. The parties may appear remotely or in- person. TENTATIVE ORDER INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of ...

Excerpt: ...nt. Kabilakfas filed a cross-complaint against Romana Cias, Edgar Carranza, and Bank of America. Bank of America demurred to the cross-complaint, and the Court sustained the demurrer on January 10, 2022. The Court did not believe Kabilakfas could resolve the issues and successfully amend the cross-complaint. (See Court's Minute Order, dated January 10, 2022, p. 2.) Nevertheless, the Court afforded Kabilakfas leave to amend because he represented ...

Excerpt: ...3,500 in connection with the instant motion. Plaintiff filed this action on March 12, 2019. Defendant filed a motion for judgment on the pleadings, which was granted on February 24, 2020. Plaintiff filed a motion to compel further discovery responses on March 6, 2020, which was granted in part. Defendant filed a motion for a protective order on January 11, 2021, and the Court held a hearing on March 2, 2021. The Court found: The Court has reviewe...

Excerpt: ...ay testify as percipient witnesses concerning the firm's services and billing. Permissible topics would include: (1) For what purpose they hired the firm and whether the firm failed to perform those tasks; (2) Whether they were satisfied with the firm's performance and, if not, why not; (3) What advice the firm provided; and (4) What billing arrangement they had with the firm and whether the firm honored that arrangement. Zvik and Yavor may not t...

Excerpt: ...Defendants seek an order finding that Nicki Zvik and Shay Yavor waived the attorney-client privilege with respect to Green Solar's former general counsel, Thomas Miletic, Esq. The Court denies the motion. PLAINTIFFS' ALLEGATIONS On or about December 3, 2015, Plaintiffs hired McElfish and MLF to represent them in Lunger v. Zvik, et al., Case No. BC524165 (hereinafter, the “Lunger case”). (Complaint, ¶ 9.) Lunger hired Plaintiffs to perform ce...

Excerpt: ...emotional distress. Plaintiff asserts a separate cause of action for punitive damages. Now, Rodeo Realty and Malibu Escrow demur to the complaint and move to strike the prayer for punitive damages and related allegations. Plaintiff does not oppose the motions. The Court sustains the demurrers without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant Harrandi dissolved their marriage. (First Amended Complaint, ¶ 7.) The principal as...

Excerpt: ...alleges as follows: Plaintiff owns the premises located at 9071 Santa Monica Boulevard in Los Angeles, California. Defendant Chutter is the lessee under a lease which originated in 1963. The lease was amended multiple times, extending the lease for five years with an option to renew. However, the most recent amendment, signed on October 21, 2017, extended the lease for 46 years and did not include any provisions for rent increases for a 30-year p...

Excerpt: ...s: A. First Cause of Action Plaintiff's first cause of action is for quiet title. Code of Civil Procedure section 761.020 provides that a complaint for quiet title shall be verified and include: (1) a description of the property that is the subject of the action, including both the legal description and its street address or common designation if the subject property is real property; (2) the plaintiff's title as to which determination is sought ...

Excerpt: ...of action. On November 2, 2021, the Court sustained Defendants' demurrer with leave to amend. Plaintiff filed a second amended complaint on December 2, 2021, asserting the following causes of action: (1) Breach of contract, (2) Breach of the covenant of good faith and fair dealing, (3) Accounting, (4) Intentional misrepresentation, (5) Negligent misrepresentation, (6) Wrongful foreclosure, (7) Recission, and (8) Violation of the California Homeow...

Excerpt: ...eeding. Plaintiff has deposited the sum of $48,025.77, which he believes is the amount in dispute. The procedural history of this case is as follows: This action was filed on July 26, 2021. On September 22, 2021, Defendant filed a cross-complaint as a self-represented party. On November 12, 2021, Defendant filed a request to continue the case management conference, which the Court granted. On November 15, 2021, Plaintiff filed a motion to strike....

Excerpt: ... motor vehicle collision. Plaintiffs issued a subpoena duces tecum to the California Highway Patrol (the “CHP”), which is not a party in this action, seeking all notes, interviews, photographs, reports, correspondence, and citations concerning the collision, as well as call records to CalTrans and dash camera and body camera footage. The CHP opposes the motion. Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the att...

Excerpt: ...the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. The remaining defendants move to compel a mental examination of Plaintiff. The Court previously ruled: “Defe...

Excerpt: ....) Plaintiff then filed this action, asserting causes of action for discrimination, harassment, retaliation, and intentional/negligent infliction of emotional distress, as well as a failure to pay statutorily mandated wages, among other claims. Plaintiff signed an arbitration agreement when she was hired by USC. (Declaration of Frances Clairmont, Exh. B.) Now, Defendants move to compel arbitration pursuant to Plaintiff's agreement with USC. Plain...

Excerpt: ...ployee at Wavestream, but he was not hired permanently by Wavestream and eventually was terminated by Express Services. Plaintiff then filed this action. Plaintiff settled his case against Wavestream, leaving only Express Services and Woods. Now, these defendants move for summary judgment, which Plaintiff opposes. The motion is denied. PROCEDURAL HISTORY Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the D...

Excerpt: ...aint, which Plaintiff opposes. The demurrer is sustained without leave to amend. PLAINTIFF'S FACTUAL ALLEGATIONS In 2006, Defendants Jamali and Loftimoghaddas borrowed $3 million from Washington Mutual Bank (“WaMu”). (First Amended Complaint, ¶ 11.) As security for the loan, they pledged two properties: (1) A property located at 9129 Robin Drive in Los Angeles, California (the “Robin property”), and (2) A property located at 1401 Queens ...

Excerpt: ...compel arbitration with respect to the claims asserted by Jackelyn Valle and Irma Fragoso. The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the ...

Excerpt: ...d approximately three months before trial, Defendant filed a motion to continue the trial date. Defendant sought a trial continuance because of Rosalinda Roy, M.D., the Chief Executive Officer and a lay witness. Dr. Roy provided a declaration stating that she was unable to attend trial as she is “out of the country from January 2022 till mid-way through March 2022,” and that her time out of the country was “unavoidable.” The Court denied ...

Excerpt: ...iscrimination and retaliation based on association with member of a protected class, (3) Wrongful termination in violation of public policy, and (4) Intentional infliction of emotional distress (“IID”). Defendants argue that the first three causes of action fail because they rely on Plaintiff's claim that she experienced retaliation and discrimination for providing testimony against a third-party employer, not Defendants. Defendants argue tha...

Excerpt: ...2940(a) 3. Equal pay violation per Government Code section 1197.5 4. Retaliation per Government Code section 12940(h) 5. Retaliation per Labor Code section 98.6 6. Retaliation per Labor Code section 1102.5 7. Failure to prevent discrimination/harassment per Government Code section 12940(k) Defendant moves for summary judgment on the grounds that “Plaintiff's entire complaint against Defendant is barred by the doctrine of unclear hands.” In th...

Excerpt: ...nt Lee”), Hyung Sook Han (“Defendant Han”), and Sirudang, Inc. (collectively, “Defendants”), which is Case Number 21STCV29292. In the latter case, Plaintiff asserts the following causes of action: (1) Failure to pay earned wages, (2) Failure to pay overtime wages, (3) Failure to provide meal periods, (4) Failure to provide rest periods, (5) Failure to furnish accurate wage statements, (6) Sexual harassment, (7) Failure to pay earned wag...

Excerpt: ...es as follows: Defendants were developing a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. The Trust, MCRT, and MCREF (coll...

Excerpt: ...), as well as a claim for negligent repair. Defendants now move for summary judgment, which Plaintiffs oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find th...

Excerpt: ...Plaintiff alleges that Defendants unlawfully disclosed his medical information and then terminated him in violation of the law. Plaintiff owns 808,427 shares of common stock of Defendant TigerConnect, which were worth $1.81 per share as of August 2021. However, there is a potential corporate transaction pursuant to which the outstanding shares may be purchased for $7 to $8 per share. Plaintiff alleges that Defendants “threatened that if [he] re...

Excerpt: ...tractors to make certain improvements to his home, specifically to build/restore three walls. Plaintiff alleges that the contractors told him that permits were not required, but they were mistaken. Plaintiff alleges that a neighbor complained to the City, who issued a stop-work order, and he has been damaged as a result. The contractors filed a cross-complaint against Plaintiff, as well as Ryan Meza asserting the following causes of action: 1. Co...

Excerpt: ...f his truck while he was working on a pump on the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. Now, Plaintiff moves ex parte to continue the trial date and all...

Excerpt: ...ia Labor Code section 2698, et seq.; (2) Failure to reimburse for business expenses under California Labor Code section 2802; (3) Failure to pay minimum wage under California Labor Code sections 1194 and 1197; (4) Failure to pay overtime under California Labor Code sections 1194, 1198, 510, and 554; and (5) Unlawful and/or unfair business practices under California Business and Professions Code section 17200, et seq. Plaintiffs were “shoppers�...

Excerpt: ...om discrimination and/or retaliation, (4) Retaliation in violation of FEHA, (5) Wrongful termination in violation of public policy, (6) Failure to re-hire on account of age, and (7) Defamation. Plaintiff alleges that he exhausted his administrative remedies by receiving “right-to-sue” notices from the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Defendants Express Services, Inc. (“Exp...

Excerpt: ...leging racial discrimination. Plaintiff alleges that she visited Defendant's coffee shop on or about April 14, 2019, “[a]t some point after 9:00 a.m.” (Complaint, ¶ 9.) Plaintiff, who is African- American, alleges that she was waiting for her mother at a Coffee Bean coffee shop when a Caucasian employee said, “If you are not going to order, you have to leave” because he “needed the space for paying customers.” (Complaint, ¶¶ 10, 12...

Excerpt: ... “the Employer Defendants”), as well as Jorge Chavez (collectively, “Defendants”). The complaint contains 20 causes of action. Plaintiffs Castillo/Maldonado assert the first 11 causes of action (collectively, “the tort claims”) as follows: 1. Discrimination against the Employer Defendants 2. Harassment against all defendants 3. Retaliation against the Employer Defendants 4. Failure to prevent discrimination, harassment, and retaliatio...

Excerpt: ..., a wholesale food market. (Third Amended Complaint, ¶¶ 10-11.) Plaintiff alleges the following ownership interest: Plaintiff: 49% Norman Silverman: 36% Eric Silverman: 7.5% David Zander: 7.5% (Id., ¶ 11.) On February 1, 2017, Plaintiff and the Silvermans removed Zander as an officer and director due to alleged breaches of fiduciary duty and embezzlement. (Id., ¶ 11.) Zander filed a civil action against GLATT and Norman Silverman, which was c...

Excerpt: ...hi (“Plaintiff”), a self-represented litigant, filed this action against his former attorney, Corey Evan Parker (“Defendant”). Plaintiff alleges that he retained Defendant to appeal an adverse judgment in an unlawful detainer case against Howard and Jean Rosenfeld. Plaintiff alleges that Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a r...

Excerpt: ...issory note in the amount of $1,759,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co- debtor and guarantor. On September 8, 2020, Now Solutions and VCS filed a motion for leave to file a cross- complaint. On December 18, 2020, the Court (Aenlle-Rocha, J.) granted the motion, and the cross- complaint was filed on December 22, 2021. Lakeshore filed a demurrer and motion to strike the demurrer on February 10, ...

Excerpt: ...the motion. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standa...

Excerpt: ... prayer for punitive damages. Plaintiff's third cause of action is for negligent repair. In support of the cause of action for negligent repair, Plaintiff alleges that Defendant failed to competently perform repairs on Plaintiff's vehicle. (Complaint, ¶¶ 69-72.) For pleading purposes, these allegations suffice. There is not requirement for Plaintiff to plead negligence with particularity. (See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527.) ...

Excerpt: ...ncement of 1.35, for an additional $32,966.60; (3) Costs in the amount of $7,735005, and (4) An additional $3,500 in attorney's fees concerning the litigation for this motion. LEGAL STANDARD The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent‐A‐Car Co. (2000) 79 Cal. App. 4th 1127, 1134.) The burden is on the party...

Excerpt: ...s required. Hyon and Sung Taek Lim filed a cross-complaint alleging that Kingsley violated the Los Angeles Rent Stabilization Ordinance. Hyon and Lim also asserted causes of action for negligence, negligent and intentional infliction of emotional distress, housing discrimination, and elder abuse. On August 19, 2021, the Court granted a motion by Kingsley seeking relief from waiver of privilege and objections, per Code of Civil Procedure sections ...

Excerpt: ...n of written instrument under Civil Code section 3412, quiet title, declaratory relief, and accounting. Plaintiff Lorraine Rougeau alleges that she is the sister of the decedent, Dave Stephney, and is the successor trustee to his trust. Plaintiff Thelma Pamplin alleges that she also is a sister of Dave Stephney and a beneficiary of his trust. Plaintiffs allege as follows: Dave Stephney passed away on March 22, 2008. Stephney owned real property t...

Excerpt: ...notice of motion, Plaintiff seeks an order compelling Defendant to produce certain documents, and seeks monetary sanctions in the amount of $2,497.50. Plaintiff alleges that he has not received “the Warranty Claims Data” and the “Repurchase/Replacement List of the vehicle.” (Declaration Matthew B. Roberts, ¶¶ 10- 11.) Plaintiff predicates this motion on Code of Civil Procedure section 2031.320. Section 2031.320 permits the Court to comp...

Excerpt: ...ant SLA Architects, Inc., which is the successor to Simon Lee & Associates, Inc. (“Defendant”), among others. Plaintiffs allege as follows: Defendant was the architect on Plaintiff's project to demolish an old, one-story building and construct a three-story medical office building with a new underground parking garage. After the building plans were approved and the permits were issued, Plaintiffs demolished the old building and excavated to c...

Excerpt: ..., (3) Jenmax Enterprises, LLC (“Jenmax”), and (4) Cambridge Healthcare Services, LLC (“Cambridge”) (collectively, “Defendants”). Plaintiff asserts three causes of action: (1) Elder Abuse and Neglect under Welfare and Institutions Code sections 15600, et seq., (2) Violation of Health and Safety Code section 1430(b), and (3) Wrongful Death. Plaintiff also seeks punitive damages. Defendants demur to all three causes of action and move to...

Excerpt: ... Procedure section 377.60. Previously, Defendant Mary Health of the Sick Convalescent & Nursing Hospital, Inc. (“Defendant”) demurred to each cause of action and moved to strike the prayer for punitive damages. The Court previously sustained the demurrer and, in the alternative, granted the motion to strike. Plaintiff filed a first amended complaint on September 13, 2021, and Defendant moves to strike the prayer for punitive damages arguing t...

Excerpt: ...finds that on December 1, 2021, Anderson served a verification to its “further, further” responses to said interrogatories, which were originally served (unverified) on November 1, 2021. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Brazier Decl., ¶ 16, Ex, 16; Garratt Decl., ¶ 6, Ex. B.) Sundt's motion to compel “further, further” responses to special interrogatories, set three,...

Excerpt: ...appointment of a receiver. Then, Militello filed a cross- complaint in Case Number 21STCV13314, which appeared to be substantively identical to her complaint in Case Number 21SMCV00789. She again sought appointment of a receiver, and the Court (Chalfant, J.) denied the request. Cannaco filed a demurrer to dispose of the duplicative claims, after which Militello filed a request for dismissal of every claim except for one, and the Court dismissed t...

Excerpt: ...96. Plaintiff alleges that it delivered the artificial slab, but Defendants paid only $360,000, leaving a balance of $684,062.96. The Court (Aenlle-Rocha, J.) entered default and default judgments, following which Defendants moved to vacate the entry of default. Judge Aenlle-Rocha denied the motion, finding that Defendants did not “demonstrate[s] a serious intent to defend themselves in this action.” After Judge Aenlle-Rocha was appointed to ...

Excerpt: ...019, Defendant filed a demurrer to the complaint that raised one issue: Whether the claims were preempted by the National Labor Relations Act. The demurrer specifically stated that the demurrer “without waiver of or prejudice to its position that [Plaintiff] entered into an arbitration agreement with [Defendant] that covers the allegations set forth by the Complaint.” Before the Court held a hearing on the demurrer, Plaintiff filed a first am...

Excerpt: ...nctive relief, and declaratory relief. Plaintiff alleges as follows: Plaintiff is 85 years old and her husband, Jerome McGill, for whom she is attorney-in-fact, is 88 years old. (Complaint, ¶¶ 13-14.) In or about august 2020, R. Marina Raines offered to purchase her residence on behalf of the other defendants (the “Ibanez Defendants”), to which she agreed. (Id., ¶ 15.) Plaintiff attached the agreement as Exhibit A to her complaint. (Id., E...

Excerpt: ... a total of $74,349 in attorneys' fees, as well as $5,321.86 in costs. Defendants oppose the motion. PROCEDURAL HISTORY Plaintiffs filed this action under the Song-Beverly Consumer Warranty Act on August 13, 2019. The complaint and case management statement were filed by Norman F. Taylor of Norman Taylor & Associates. Defendants filed answers on October 3 and October 17, 2019. The Court held a case management conference on July 20, 2020, at which...

Excerpt: ...tiff”), a self-represented litigant, filed this action against his former attorney, Corey Evan Parker (“Defendant”). Plaintiff alleges that he retained Defendant to appeal an adverse judgment in an unlawful detainer case against Howard and Jean Rosenfeld. Plaintiff alleges that Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lo...

Excerpt: ...hat they sold fraudulent “at-home” COVID-19 tests and disinfectants during the pandemic. Specifically, Plaintiff's case is based upon two products: (1) CoronaCide At Home Test Kits, and (2) CoronaStop Disinfectants. Plaintiff alleges that the CoronaCide kits were not approved or authorized by the Food and Drug Administration for home use, and that the disinfectants were not registered with the Environmental Protection Agency or the California...

Excerpt: ...hoorn (“Defendant Boekhoorn”) moves to quash service of the summons and complaint in this matter on two grounds. First, Defendant Boekhoorn argues that he was improperly added as a defendant by an untimely Doe amendment. Second, Defendant Boekhoorn argues that the Court lacks personal jurisdiction over him. The Court grants the motion and dismisses Defendant Boekhoorn with prejudice. PLAINTIFFS' ALLEGATIONS On or about May 11, 2016, Philip La...

Excerpt: ...ic policy. Previously, SEPL moved to strike the prayer for punitive damages, which the Court granted with leave to amend. Now, DELTA demurs to the complaint and moves to strike the prayer for punitive damages and related allegations. A. Demurrer “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court mus...

Excerpt: ...coln”), Wayne L. Weaver, TFP Funding Partners, LLC, Daniel M. Silverman, and United of Omaha Life Insurance Company (“United Omaha”) (collectively, “Defendants”). Plaintiffs assert a “First Cause of Action” with five separate counts (for intentional misrepresentation, fraudulent concealment, professional negligence, unfair competition, and intentional infliction of emotional distress) against all defendants except United Omaha. Cert...

Excerpt: ...ms under the Song-Beverly Consumer Warranty Act, as well as a claim for fraud by omission. The Court held a case management conference on February 22, 2019, at which it set the initial trial date of March 16, 2020. On January 31, 2020, the parties filed a stipulation to continue the trial date and all related dates. The stipulation states that the parties “have yet to conclude discovery,” representing that Plaintiff needs to conduct the follo...

Excerpt: ...otion. In ruling on a defendant's special motion to strike, the trial court uses a two-step process. First, the defendant must show that the act or acts of which the plaintiff complains were taken in furtherance of the defendant's right of petition or free speech under the United States or California Constitutions in connection with a public issue. (Code Civ. Proc., § 425.16, subd. (b)(1).) If the defendant carries that burden, the burden shifts...

Excerpt: ... A.) On November 15, 2021, Plaintiff's counsel again confirmed: “We are on for Friday.” (Id., Exh. B.) Then, on November 16, 2021, Plaintiff's counsel indicated that he was not available due to a commitment at his daughter's school. (Id., Exh. C.) The Court previously issued an order on October 25, 2021, denying the parties' stipulation for a trial continuance. The Court ordered the parties to complete discovery, and Defendants to file any mo...

Excerpt: ... Counts (Money Had and Received) against all defendants Third Cause of Action – Fraud against all defendants Fourth Cause of Action – Breach of Contract (Promissory Note) against all defendants Now, Defendants Great Deal LLC, Dongwei Wang, and Yimian Jia demur to the complaint and move to strike certain prayers. Defendant Farah Daabas joins in the demurrer and motion to strike. The demurrer is sustained, and the motion to strike is granted. F...

Excerpt: ...illen, Georgia, posted a negative review of his services on two social media websites, Facebook and Nouzz. Defendant moved to strike Plaintiff's complaint under Code of Civil Procedure section 425.16, and the Court granted the Anti-SLAPP motion. Now, Defendant seeks his attorney's fees by way of noticed motion. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 ...

Excerpt: ...d harassment. Specifically, Plaintiff alleges that she was sexually harassed by a supervisor, and when she reported the issue, Defendant initiated a retaliatory and discriminatory charge of time theft against Plaintiff, placed her on administrative leave, and subjected her to constructive discharge following a Skelly hearing. On October 13, 2021, Defendant served a notice to take the deposition of Leslie Wilcox, Esq., who was Plaintiff's counsel ...

Excerpt: ...amount of $1,759,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co- debtor and guarantor. On September 8, 2020, Now Solutions and VCS filed a motion for leave to file a cross- complaint. On December 18, 2020, the Court (Aenlle-Rocha, J.) granted the motion, and the cross- complaint was filed on December 22, 2021. Lakeshore filed a demurrer and motion to strike the demurrer on February 10, 2021, and February ...

Excerpt: ...ntiffs' property is parallel to Defendants' property. (Complaint, ¶ 7.) Alongside Defendants' driveway is a planter with three mature coast live oak trees. (Ibid.) The roots of these trees have infiltrated Plaintiffs' property, causing damage. (Id., ¶ 8.) Specifically, the trees have damaged Plaintiff's backyard cinderblock wall. (Ibid.) The trees have damaged the foundation under the kitchen and damaged the garage floor. (Ibid.) The tees have ...

Excerpt: ...Robert Tortoriello (“Defendant”). Plaintiff alleges that Defendant acted as a guarantor for his son's lease agreement with Defendant, and that Defendant's son breached the lease. Now, Plaintiff moves for summary judgment based upon the Court's order, dated July 27, 2021, deeming Defendant to have admitted the matters specified in the Requests for Admission. (See Court's Minute Order, dated July 27, 2021.) This is sufficient to satisfy Plainti...

Excerpt: ... against Defendants EM Express, LLC (“Fast & Retro”), as well as Alexander Assouline and Laurent Charbonnier (collectively, the “Individual Defendants”). Mafys alleges that the Individual Defendants stole confidential information from Mafys and that Fast & Retro used the confidential information to compete with Mafys. The Individual Plaintiffs allege that they contracted with Fast & Retro to broker the purchase of vehicles for the Individ...

Excerpt: ...wing the Subject Vehicle to be sold to Plaintiff without disclosing that the Subject Vehicle and its 2.4L GDI engine was defective and susceptible to sudden and catastrophic failure.” (First Amended Complaint, ¶ 101.) Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion. The motion is granted with respect to the third cause of action and denied with respect...

Excerpt: ..., a wholesale food market. (First Amended Complaint, ¶¶ 10-11.) Plaintiff alleges the following ownership interest: Plaintiff: 49% Norman Silverman: 36% Eric Silverman: 7.5% David Zander: 7.5% (Id., ¶ 11.) On February 1, 2017, Plaintiff and the Silvermans removed Zander as an officer and director due to alleged breaches of fiduciary duty and embezzlement. (Id., ¶ 12.) Zander filed a civil action against GLATT and Norman Silverman, which was c...

Excerpt: ...UND Plaintiffs filed this action against the Calvo Group (“Defendant”) asserting causes of action for breach of contract, breach of the implied warranty of habitability, intentional infliction of emotional distress, private nuisance, and negligence. Now, Defendant demurs to the third cause of action—for intentional infliction of emotional distress—and moves to strike the prayer for punitive damages and related allegations. The demurrer is...

Excerpt: ...on of Emotional Distress, (5) Constructive Fraud, (6) Conversion, (7) Negligent Hiring, (8) Financial Abuse of Dependent Adults, and (9) Public Injunctive Relief and/or Violation of Business and Professions Code section 17200. Defendants now demur to the first amended complaint and move to strike the prayer for punitive and treble damages, as well as the related allegations. The Court sustains the demurrer and grants the motion to strike. PLAINTI...

Excerpt: ...es of action: (1) Violation of Civil Code section 2923.5, (2) Breach of contract, (3) Breach of the covenant of good faith and fair dealing, (4) Accounting, (5) Intentional misrepresentation, (6) Negligent misrepresentation, (7) Wrongful foreclosure, (8) Injunctive relief, and (9) Specific performance. Defendants Planet Home Lending, LLC and Prestige Default Services, Inc. (collectively, “Defendants”) demur to the complaint, which Plaintiff o...

Excerpt: ... moves to compel Defendants' depositions. Plaintiff has a right to take Defendants' depositions because they are parties to this action. Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and tes...

Excerpt: ... of El Monte (the “City”) issued an administrative citation because there was no certificate of occupancy for the building. Plaintiff's operative complaint asserts the following causes of action against Defendant: (1) Breach of contract, (2) Money had and received, (3) Intentional Misrepresentation, (4) Negligent misrepresentation, (5) Unjust enrichment, (6) Declaratory relief, (7) Breach of the implied covenant of good faith and fair dealing...

Excerpt: ...ance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, interna...

Excerpt: ... of Downey, and So Cal Penske Collision Centers—have not been served. The fourth entity—“RP Automotive, Inc.”—was served personally on June 10, 2021. Defendant RP Automotive, Inc. (hereinafter “RP Automotive”) filed an answer on July 12, 2021. Now, Defendant RP Automotive moves to compel arbitration, which Plaintiff opposes. The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid ar...

Excerpt: ...otion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its disc...

Excerpt: ...havez v. City of Los Angeles (2010) 47 Cal.4th 970, 989, to $23,032.50. On September 1, 2021, the Court confirmed the arbitration award in these amounts. The arbitration award also states: “The administrative fees and expenses of the American Arbitration association totaling $2,950, shall be born $2,950 by Macy's, and the compensation and expenses of the arbitrator totaling $19,922.50 shall be borne as incurred. Therefore, Macy's has to pay Mar...

Excerpt: ...ers as a defendant. Exhibit A to the first amended complaint references the partnership agreement between Philip Lawrence, Marcel Boekhoorn, Jabari McDavid, and Moi Productions Inc, dated May 5, 2017, and it was signed by Patrizio Moi. (See First Amended Complaint, Exh. A.) The Moi Plaintiffs filed a second amended complaint on December 19, 2019, which include Jarbari's Inc. (“Jabari”) as a co-plaintiff. Moi maintains that he has power-of-att...

Excerpt: ...resented that TOEIC was financially sound and that he was taking steps to have TOEIC listed on a recognized Chinese stock exchange. (Ibid.) Plaintiffs allege that Chen offered to allow them to invest in TOEIC in advance of the initial public offering. (Ibid.) According to Plaintiffs, Chen further represented that once he received their initial investment, he would act as the nominal shareholder for Plaintiffs. (Id., ¶ 10.) Chen allegedly promise...

Excerpt: ...ntiffs assert causes of action for violation of the Unruh Civil Rights Act, violation of the Santa Monica Rent Control Law, common law fraud, and negligent misrepresentation. Now, Plaintiffs move to compel further responses to Special Interrogatories, Set One (“SROG”) and Requests for Admission, Set One (“RFA”). The Court rules as follows: Timeliness – Defendant served her discovery responses on May 26, 2021. The 45-day deadline was Sat...

Excerpt: ...,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co-debtor and guarantor. On April 20, 2021, Now Solutions and VCS filed a first amended cross-complaint against Lakeshore and two affiliated individuals (collectively, “Lakeshore”) asserting the following causes of action: (1) Breach of contract/breach of the implied convent of good faith and fair dealing, (2) Conversion, (3) Common counts, (4) Fraud, (5) N...

Excerpt: ...M&R”), asserting causes of action for fraudulent misrepresentation, fraudulent concealment, breach of fiduciary duty, breach of contract, violation of California Penal Code section 496(a) and (c), conversion, unjust enrichment, constructive trust, and unfair competition under Business and Professions Code section 17200. Plaintiff now seeks an exception to the general rule in a derivative lawsuit that the plaintiff must be a contemporaneous owne...

Excerpt: ...ligent interference with prospective economic advantage, and a series of other employment claims. On May 14, 2021, Bizlinks—which does business as “Western Elite Insurance Solutions”—and Total Insurance (the “Bizlinks parties”) filed a cross-complaint against Adams, Hamm, ISR Holdings, Inc. (“ISR”), David Risse (“Risse”), Bonnie Risse Insurance Agency, Inc. (“Risse Insurance”), and Compass Point Risk Solutions, LLC (“Com...

Excerpt: ...vide accurate itemized wage statements, (5) Failure to pay wages when due, (6) Misclassification of employees as independent contractors, (7) Failure to reimburse business-related expenses, (8) Breach of written contract, (9) Breach of the implied covenant of good faith and fair dealing, (10) Unfair business practices, (11) Unjust enrichment, (12) Quantum meruit, and (13) Fraud and deceit. Plaintiff seeks punitive damages. Now, Defendants demur t...

Excerpt: ...LEGAL STANDARD The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testi...

Excerpt: ... 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) During the pri...

Excerpt: ...emurrer is sustained with leave to amend, and the motion to strike is denied as moot. PLAINTIFFS' ALLEGATIONS Margarita and Trinidad Nuno (the “Nunos”) owned real property, located at 16058 Wedgeworth Drive in Hacienda Heights, California 91745. (First Amended Complaint, ¶ 5.) The Nunos executed a written instrument conveying the property to Defendant “to be held in trust for the benefit of Plaintiffs and each of them.” (Id., ¶ 6.) Defe...

Excerpt: ...t alleges that Duffy hired Barilich to assist on a series of cases, including McKinley v. McKinley, Case No. 30-2017- 00930896-CU-FR-CJC pending in Orange County, California, but failed to pay Barilich and concealed material facts. Duffy filed a first amended cross-complaint asserting causes of action for breach of written contract, breach of oral contract, indemnity, services rendered, account stated, open book, quantum meruit, and, finally, int...

Excerpt: ...nd marketing services for Defendant's business. Defendant filed a cross-complaint for breach of contract but dismissed the cross-complaint at trial. The Court conducted a bench trial, following which it rendered a judgment for Plaintiff for $89,489.22 based upon the following: (1) Unpaid invoices of $10,533.23, (2) Unpaid monthly fee and fee for office assistant of $45,600, and (3) Unpaid bonus commissions of $33,335.99. The Court ordered prejudg...

Excerpt: .... The Court ordered the parties to meet-and-confer, following which they filed a joint statement asking the Court to resolve Form Interrogatory Number 17.1 as it relates to certain Requests for Admission (“RFA”), as well as certain Requests for Production (“RPD”). As an initial matter, Defendant argues that the motion is untimely. Defendant served responses via email on April 27, 2021, and argues that the 45-day deadline ran on Friday, Ju...

Excerpt: ...hem consignments of diamonds and other precious stones. (Ibid.) The consignments stated that Plaintiff would transfer the stones to Defendants, and if the stones were not returned to Plaintiff, then a sale was deemed to have been made and Defendants became obligated to pay the agreed-upon sums. (Id., ¶ 10.) Defendants failed to return the merchandise at issue, obligating them to pay $49,266 in damages. (Id., ¶ 12.) Now, Plaintiff seeks to amend...

Excerpt: ...nant of good faith and fair dealing, promissory fraud, negligent misrepresentation, negligent interference with prospective economic advantage, and unfair competition. Now, Jensen demurs to the cross-complaint, which Vepo opposes. ALLEGATIONS IN THE CROSS‐COMPLAINT Vepo does business under the name “Automated Laundry Systems,” a business which includes the sale, leasing, serving, and maintenance of coin laundry equipment, commercial non-coi...

Excerpt: ...dar and this tentative will issue as the final order. If, however, any party wishes to be heard on the motion, that party shall appear on September 28, 2021 (either remotely or in- person) and shall inform the Clerk of their request for a hearing. If any party requests a hearing, the Clerk will reset the hearing to a date when the Court is available. TENTATIVE ORDER Eduardo Barba (“Plaintiff”) filed this personal injury action against several...

Excerpt: ...Plaintiffs borrowed $1 million for the purchase of a residence in 2006; (2) The loan servicer attempted to record a “Notice of Default and Election to Sell under the Deed of Trust in 2017; (3) Plaintiffs submitted loan modification applications to Defendant on June 11 and then July 18, 2019; (4) Defendant denied the modification requests verbally but not in writing; (5) Defendant had a pending sale set for August 1, 2018; and (6) The sale was c...

Excerpt: ...2940(m); (2) Failure to engage in the interactive process under Government Code section 12940(n); (3) Discrimination under the Fair Employment and Housing Act (“FEHA”); (4) Retaliation under FEHA; and (5) Retaliation under Labor Code section 1102.5. Plaintiff alleges that the command staff, including Commander Kris Pitcher, retaliated against him following his complaints relating to his disability and harassment. Plaintiff alleges that his wi...

Excerpt: ... a first amended complaint. Now, Defendants demur to the first amended complaint. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) “A demurrer tests the pleadings alone and not the evidence or ...

Excerpt: ...The Court shall hold the parties to this estimate absent unforeseen circumstances or other good cause. This estimate shall not include jury selection. Joint Exhibit List Defendants seek to introduce Exhibit #130, which is “Robert Potter Expert File and Materials including photographs, videos, and vehicle scans.” The Court orders Defendants to segregate any admissible parts of the file, e.g., photographs, videos, vehicle scans, etc. from parts...

Excerpt: ...nication regarding the same defects claimed by Plaintiff in vehicles of the same year, make, and model as the subject vehicle which were sold within the State of California; and (2) Customer complaints regarding the same defects claimed by Plaintiff in vehicles of the same year, make, and model as the subject vehicle which were sold within the State of California. Plaintiff argues that Defendant has not complied with the Court's order because he ...

Excerpt: ...2016, and he was promoted to a utility lead on March 21, 2018. Plaintiff alleges that Tarantelli became his supervisor in or about July 2018, following which he suffered harassment and discrimination. Plaintiff also alleges that he was terminated unlawfully based not only upon his alleged disability, but also because he raised concern about violations of Occupational Safety and Health Administration (“OSHA”) standards. Plaintiff asserts 11 ca...

Excerpt: ...) 800 E. Pico Blvd., LLC (“Defendant Pico LLC”), (2) Xiang Hao Cui, (3) John Ko, and (4) Jane's Management Systems, LLC (“Defendant JMS”). The Court sustains the demurrers and, in the alternative, grants the motions to strike. PLAINTIFF'S ALLEGATIONS Plaintiff is a computerized testing center that proctors exams for licensing, such as for teaching, counseling, nursing, and other professions. (Complaint, ¶ 1.) Defendant Pico LLC owns the ...

Excerpt: ...r may testify as percipient witnesses concerning the firm's services and billing. Permissible topics would include: (1) For what purpose they hired the firm and whether the firm failed to perform those tasks; (2) Whether they were satisfied with the firm's performance and, if not, why not; (3) What advice the firm provided; and (4) What billing arrangement they had with the firm and whether the firm honored that arrangement. Zvik and Yavor may no...

Excerpt: ...Defendant allegedly failed to take possession of the property per the lease. Defendant demurs to the complaint and moves to strike references to a specific individual and his business. Plaintiff opposes the demurrer and motion to strike. The Court sustains the demurrer but denies the motion to strike in the alternative. FACTUAL ALLEGATIONS On September 3, 2019, the City of Los Angeles (the “City”) and the Department of Cannabis Regulation (�...

Excerpt: ...ach of written contract, and declaratory relief. In this case, the McElfish Parties are represented by Steven R. Yee of Yee & Associates. The McElfish Law Firm, P.C. (the “McElfish Law Firm”) filed its own action against the Green Solar Parties, among others, in Case Number 18STCV01765, asserting causes of action for breach of written contract, breach of oral contract, breach of implied contract, false promise, and quantum meruit. The McElfis...