Excerpt: ...denied a stipulation to continue the trial date. Then, Defendant filed an ex parte application to continue the trial date, which the Court granted. The Court continued the trial date to August 31, 2021, and ordered the vehicle inspection to occur on or before Friday, July 30, 2021. The Court issued this order on the morning of Friday, July 16, 2021. Defendant's counsel sent an email to Plaintiff's counsel to schedule the vehicle inspection on Thu...

Excerpt: ... 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. Plaintiff filed this action on November 9, 2016, and the current trial date is November 8, 2021. On A...

Excerpt: ...ed [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lost the appeal, and the judgment was confirmed. Now, Plaintiff pursues this malpractice action against Defendant. Plaintiff filed his initial complaint asserting causes of action for legal malpractice, breach of fiduciary duty, and breach of contract, seeking punitive damages with respect to the second cause of action. The Court granted a m...

Excerpt: ...ngeles, California. (Complaint, ¶¶ 9-10.) Plaintiff alleges that someone forged his name on a grant deed, that was recorded with the County of Los Angeles on June 18, 1997. (Id., ¶ 11.) Plaintiff alleges that Hazel E. Gault obtained the fraudulent signature, and Daniel Bradford recklessly or fraudulently notarized the document. (Id., ¶¶ 12-13.) This action was filed on September 30, 2020. Therefore, Defendant Bradford, the notary, demurred t...

Excerpt: ...in violation of public policy, declaratory relief, and injunctive relief. Defendants issued a deposition subpoena for Plaintiff's personnel and employment records from his prior employer, Raytheon Company. Plaintiff now moves to quash that subpoena. Plaintiff has a right to privacy in his employment records but the right is not absolute. (See Williams v. Superior Court (2017) 3 Cal.5th 531, 557; Alch v. Superior Court (2008) 165 Cal.App.4th 1412,...

Excerpt: ...greement. Defendant does not object to listing the property for sale but seeks two changes to the settlement. First, Defendant requests that the proceeds should not be split equally because Plaintiff has lived at the property rent-free since 2016, and Defendant accuses him of sabotaging prior efforts to sell the property. Second, Defendant requests that Plaintiff agree to let her buy him out for half of the current appraisal of $840,000. The Cour...

Excerpt: ...e section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow...

Excerpt: ... Although the Court granted summary judgment for Defendants Bonchon Franchise, LLC, as well as Defendants Stanley Liu and June Seo, Defendants' counsel inadvertently failed to include Defendant All for J, LLC in the motion. Defendants' counsel indicated that he would seek non- suit. However, the defects in several of the claims against Defendant All for J, LLC are clear from the face of the complaint. Therefore, the Court noticed its own motion f...

Excerpt: ...v. Pin Up Girl, Inc., et al., Case No. 2:17CV-04816 (C.D. Cal. 2017), which settled. Plaintiffs allege that Defendants breached the non-disparagement clause in the settlement agreement. Now, Defendants move to strike Plaintiffs' complaint, per Code of Civil Procedure section 425.16. 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 plainti...

Excerpt: ...om a failed business transaction with Defendants. Per the operative complaint, Patrizio Moi had a long-term lease of a recording studio in the Record Plant building, which he had upgraded, when Philip Lawrence acquired the Record Plant label. Lawrence allegedly offered to find another recording studio for Moi and “cut him in” on the Record Plant label business if Moi made additional renovations to the studio and vacated the premises so Lawren...

Excerpt: ...ion 12940(j), (3) Retaliation under Government Code section 12940(h), (4) Failure to prevent discrimination under Government Code section 12940(k), (5) Failure to prevent harassment under Government Code section 12940(k), (6) Failure to prevent retaliation under Government Code section 12940(k), (7) Failure to provide reasonable accommodation under Government Code section 12940(m), (8) Failure to engage in good faith interactive process under Gov...

Excerpt: ... Mousa filed a second amended cross-complaint asserting a cause of action for fraud. Mousa alleges that Tony Dow and his wife, May Daw, misrepresented that they operated a legitimate international patients' referral network and that they intended to hire her to work in their facilities in France, Lebanon, Belgium, and California caring for patients. Mousa also alleges that IPS is an alter ego of Tony Dow and May Daw. Now, IPS, Tony Dow, and May D...

Excerpt: ...Hills, and the lease agreement contained an arbitration provision. The arbitration clause has a heading in large letters which states: “Important Arbitration Disclosures,” and it explains: “The following arbitration provisions significantly affect your rights in any dispute with us. Please read the following disclosures in the arbitration provision that follows carefully before you sign the contract.” (Declaration of Soheyl Tahsioldoost, ...

Excerpt: ...her. After Defendant's employment was terminated, he allegedly accused Plaintiff, falsely, of committing fraud against their employer. Now, Defendant demurs to the first cause of action, for defamation, and the fourth cause of action, for sexual assault and battery. Plaintiff opposes the demurrer, which is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v...

Excerpt: ...OVISION” and “PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS.” The provision states in all capital letters and bold font: “EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.” The agreement also states that “any claim or dispute . . . which arises out of or relates to . . . purchase or condition of the vehicle . . . shall, at your or our election, be resolved ...

Excerpt: ...lleges 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) Negligent misrepre...

Excerpt: ...FULY AND IN ITS ENTIRETY: ARBITRATION.” It states in all capital letters and bold font: “RIGHTS YOU AND WE AGREE TO GIVE UP.” It states in all capital letter and bold font that the parties give up: “RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY,” among other rights. Plaintiff argues that the agreement was between Plaintiff and the dealership, which has since been dismissed as a defendant in this case, and Ford was not a signatory. The ag...

Excerpt: ...efendants demur to the third, tenth, and eleventh causes of action (for retaliation, breach of express oral contract, and breach of implied contract, respectively) in the second amended complaint, which Plaintiff opposes. The demurrer is sustained without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff, a 62-year old Vietnamese male, was hired by Defendants on or about October 26, 1997, with a brief hiatus between 2001 and 2004. Plaintiff worke...

Excerpt: ...s attorney's fees in the amount of $104,893.50, as well as costs of $2,471.85. The parties' agreement provides: “The parties agree that the prevailing party shall be entitled to recover its reasonable attorneys' fees in connection with any arbitration conducted as described above.” Not only is a petition to confirm an arbitration award “in connection with” an arbitration, the preceding paragraph makes clear that a proceeding to confirm an...

Excerpt: ...med in February 2013; (3) Plaintiff filed a small claims action against Defendant in 2014; (4) Defendant filed a cross-complaint seeking outstanding rent and other fees and was awarded liquidated damages; and (5) Plaintiff appealed the award and requested a new trial, and the matter was adjudicated on June 22, 2015. Plaintiff also alleges: Jackson alleges that Grand Promenade breached the rental agreement in 2014 by illegally requesting liquidate...

Excerpt: ...aternity leave, sought psychiatric treatment, and failed to return before the end of the academic year. In March 2018, approximately nine months after the residency program ended, Plaintiff requested a transfer to a different residency in a different facility, and to switch to a different medical specialty. When Defendant refused, Plaintiff filed this action. Plaintiff asserts two causes of action in the Fourth Amended Complaint: (1) Failure to p...

Excerpt: ... Plaintiff alleges that Defendant was aware of the alleged misconduct and failed to take necessary and appropriate action. Plaintiff asserts the following causes of action against Defendant: (1) Sexual harassment, (2) Negligent hiring, supervision, and retention, (3) Failure to report suspected child abuse, (4) Negligent failure to warn, train or educate, (5) Negligent supervision of a minor, (6) Negligence, and (7) Negligence per se. Now, Defend...

Excerpt: ... of action: (1) Breach of contract against Kim, (2) Breach of contract against Brand, (3) Breach of fiduciary duty against Brand, Kim, and Diaz, (4) Intentional interference with prospective economic advantage against Brand, Kim, and Diaz, (5) Unfair competition against all defendants, (6) Declaratory relief against all defendants, and (7) Breach of contract against MF. Now, Diaz demurs to the entire first amended complaint as it relates to her. ...

Excerpt: ...wood, California. (Plaintiff's Response to Defendants' Separate Statement, ¶ 1.) Newman also agreed to act as the real estate agent for Plaintiff, a prospective buyer. (Id., ¶ 2.) Plaintiff prepared two offers. (Declaration of Richard Ramonette, ¶¶ 4-5 & Exhs. N & O.) Ultimately, another buyer, Isaac Davidi, purchased the property. The seller, Romualda Ayon, never received offers from Plaintiff. (Declaration of Romualda Ayon, ¶ 7.) Plaintiff...

Excerpt: ...de section 12940(m), (3) Failure to engage in the interactive process under Government Code section 12940(n), (4) Failure to prevent discrimination under Government Code section 12940(k), (5) Retaliation for engaging in protective activity under Government Code section 19240(h), (6) Retaliation and harassment under Government Code section 12940(j), (7) Violation of Labor Code section 1102.5, (8) Intentional infliction of emotional distress, and (...

Excerpt: ...e motion. PROCEDURAL HISTORY Plaintiff Clara Garcia filed this action on February 25, 2020. Defendant filed a demurrer and motion to strike on May 4, 2020, which Plaintiff did not oppose. Defendant withdrew the demurrer and motion to strike on August 28, 2020. On September 9, 2020, the parties appeared at a case management review and informed the Court (Aenlle-Rocha, J.) that the case had settled and Plaintiff was waiting on settlement funds to a...

Excerpt: ...short-term tenants. Plaintiffs allege that they have received complaints from their tenants relating to Defendant's tenants. Plaintiffs allege that the complaints include “loud parties late at night into early morning hours; excessive public drinking of alcohol; empty bottles of alcohol and related trash thrown onto Plaintiffs' Rental Properties; loud music and tenants; tenants exhibiting patterns of behavior assumed to be engagement in drug tr...

Excerpt: ...aratory relief 2. Plaintiff Lourdes Garcia claim for fraud 3. Plaintiff Marlon Mallari claim for fraud 4. Plaintiff Lourdes Garcia claim for rescission 5. Plaintiff Marlon Mallari claim for rescission 6. Plaintiff Sweet Grace Home Health LLC claim for conversion 7. Plaintiff Sweet Grace Home Health LLC claim for constructive trust Now, Defendant demurs to the sixth and seventh causes of action on the basis that Plaintiff Sweet Grace Home Health L...

Excerpt: ...espect to the first, second, third, fourth, and fifth causes of action, which relate exclusively to Plaintiff's union-related activities. The Court overrules the demurrer with respect to the sixth and seventh causes of action, per the “local interest exception.” PLAINTIFF'S ALLEGATIONS On or about June 29, 2017, Plaintiff contacted the National Union of Healthcare Workers (the “Union”) to discuss the process and requirements for organizin...

Excerpt: ...with minimum rental payments. (Id., ¶ 8.) Plaintiff alleges that Defendant failed to pay the rent from May 2020 to November 2020, as well as other charges. (Id., ¶¶ 9-10.) Plaintiff alleges that Defendant owes $111,871.98, not including late fees and interest. (Id., ¶ 12.) These allegations are sufficient to state a claim for breach of contract. Defendant argues, among other things, that the complaint is defective because a copy of the lease ...

Excerpt: ... amend. PLAINTIFF'S ALLEGATIONS The parties entered into a written agreement to engage “in a business enterprise focused on cannabis.” (Complaint, ¶¶ 3-4.) “It was understood and clearly agreed by [the parties] that the successful and timely acquisition of the proper and necessary governmental licensures relating to the manufacture, distribution, and retail sale of cannabis related products was an essential aspect of the effectuation of t...

Excerpt: ...llful misconduct, and (5) Wrongful death. Plaintiff asserts the first four causes of action in her capacity as successor-in-interest. Plaintiff asserts the fifth cause of action in her individual capacity under Code of Civil Procedure section 377.60. Plaintiff alleges that Neva Ladion, who was 94 years old, was a resident of Defendant's skilled nursing facility. (Complaint, ¶ 19.) Neva Ladion had a history of dementia, hypertension, bladder canc...

Excerpt: ...ively, “Defendants”) asserting the following causes of action: (1) Dependent Elder Abuse, (2) Negligent Hiring and Supervision, and (3) Wrongful Death. Plaintiffs allege that Eduardo Cazares was a resident in Defendants' skilled nursing facility between January 23 and April 23, 2020, during which time he developed a stage IV pressure ulcer to his coccyx, causing his death. Now, Defendants seek to compel an arbitration agreement, which Plainti...

Excerpt: ...y, (2) Conversion, (3) Fraud, (4) Intentional infliction of emotional distress, (5) Breach of contract, (6) Professional negligence, and (7) Constructive fraud. Defendants now move for summary judgment on all causes of action, as well as the claims for punitive damages. Plaintiffs oppose the motion. FACTUAL BACKGROUND Plaintiffs suffered injuries while riding in an Uber vehicle on February 20, 2017. (Plaintiffs' Response to Defendants' Separate S...

Excerpt: ...resentation, (5) Fraud based upon concealment, (6) Negligent misrepresentation, (7) Conversion, (8) Rescission of contract, (9) Breach of contract, (10) Malicious prosecution, (11) Declaratory relief, (12) Intentional infliction of emotional distress, (13) Negligent infliction of emotional distress, and (14) Preliminary injunction and permanent injunction. Defendants demur to each cause of action, which Plaintiffs oppose. The demurrer is overrule...

Excerpt: ...ent against all Defendants Third Cause of Action – Breach of Fiduciary Duty against all Defendants Fourth Cause of Action – Professional Negligence against Defendant Paul R. Rosenbaum Defendants demur to all causes of action. Defendants also move to strike the prayers for punitive damages and attorney's fees, as well as related allegations. Plaintiff opposes the demurrer but not the motion to strike. The demurrer is sustained with respect to ...

Excerpt: ...Plaintiffs allege that they were the owners of certain real property, and that Defendant foreclosed on the property on or about January 17, 2019. (Complaint, ¶¶ 7-8.) Plaintiffs allege that at the time of the foreclosure, their loan was in active loan modification review. (Id., ¶ 9.) Therefore, Plaintiffs allege that Defendant was not permitted to foreclose on the property. (Ibid.) This action was filed on August 31, 2020. Defendant now demurs...

Excerpt: ...rchives of his father, a well-known philosopher—to Hillsdale College in 2010. This action originally was filed in the San Bernardino County Superior Court on April 3, 2018, and it subsequently was transferred to the Los Angeles County Superior Court. Because Plaintiff has not served multiple defendants in over three years and failed to seek default judgments against two defendants, the Court issued an Order to Show Cause why the case should not...

Excerpt: ...physical damage to its building and also deprived Plaintiff effective use of the building. The trial will be conducted in two phases. The first phase will address whether there has been a taking. The second phase, if any, will address damages for any taking. During the first phase of this trial, Plaintiff may establish a “taking” in one of three ways. A public entity “takes or damages” private property when it causes physical damage to th...

Excerpt: ...rchives of his father, a well-known philosopher—to Hillsdale College in 2010. This action originally was filed in the San Bernardino County Superior Court on April 3, 2018, and it subsequently was transferred to the Los Angeles County Superior Court. Because Plaintiff has not served multiple defendants in over three years and failed to seek default judgments against two defendants, the Court issued an Order to Show Cause why the case should not...

Excerpt: ... – Defendant seeks to exclude testimony concerning “future damages.” The Court has no tentative on this motion. 3. Defendant's Motion in Limine #3 – Defendant seeks to exclude evidence concerning other lawsuits, claims or settlements. The motion is GRANTED IN PART AND DENIED IN PART. Plaintiff's expert may testify about his qualifications, which involves work on similar projects. In this context, Plaintiff's expert necessarily would testi...

Excerpt: ...ert 18 causes of action relating to discrimination, harassment, failure to provide accommodation for disabilities, wrongful termination, wage and hour violations, failure to provide itemized wage statements, failure to provide meal and rest breaks, and an unfair competition claim under Business & Professions Code section 17200. Now, Defendants move to compel arbitration, per their arbitration agreement. Plaintiffs oppose the motion, which is gran...

Excerpt: ...Emotional Distress, and Negligent Infliction of Emotional Distress. Defendants filed Motions to Strike under the Anti-SLAPP statute, per Code of Civil Procedure section 425.16. The Court (Feffer, J.) held a hearing and ordered as follows: The Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) filed by Kirk Schenck on 02/13/2020 is Granted. The Special Motion to Strike filed by Kirk Schenck is granted in its entirety. The Specia...

Excerpt: ...riage 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. Now, Roper moves for summary judgment on both the complaint and cross-complaint, arguing that it did not manufacture, install, or repair the equipment at issue. Plaintiff and Bulk oppose the motion, ...

Excerpt: ...poration (“SP Plus”). SP Plus was defaulted on August 5, 2019, and Samko was dismissed due to settlement on August 28, 2020. Prominent Security is the remaining defendant. Plaintiff and Prominent Security (collectively, the “Parties”) appear to have violated numerous orders of this Court. In their Case Management Statements, the Parties both indicated that they would participate in a mediation. The Court set a post-mediation status confer...

Excerpt: ...pect to the third, fourth, and sixth causes of action without leave to amend. The Court overrules the demurrer in all other respects. PLAINTIFF'S ALLEGATIONS On or about June 29, 2017, Plaintiff contacted the National Union of Healthcare Workers (the “Union”) to discuss the process and requirements for organizing a union for Defendant's employees. (Second Amended Complaint, ¶ 8.) The next day, Plaintiff spoke to a union organizer and receive...

Excerpt: ...erica, Inc. (“TransGuard”) (collectively, “Defendants”). Sergio Morales was driving a vehicle owned by Leticia Carrillo when he struck and killed Plaintiffs' son, Trinidad Gomez, Jr., who was walking within the crosswalk of the intersection of Tweedy Boulevard and San Vincente Avenue in the City of South Gate. Plaintiffs proceed to trial, and judgment was entered against the Insureds for over $3 million. The Insureds assigned their claims...

Excerpt: ...ed to pay criminal restitution in the amount of approximately $364,000. Plaintiff alleges that she never received payment, and that Russ Matusevich transferred his real property to his father, Alexander Matusevich on February 12, 2015, in order to evade liability. Plaintiff filed this action on February 4, 2019, and default was entered against Alexander Matusevich (“Defendant”) on September 8, 2020. Now, Defendant moves to set aside the defau...

Excerpt: ...), against their alleged employers: (1) The California Rehabilitation Institute, LLC (“Cal Rehab”); (2) Select Employment Services, Inc. (“Select Employment”); (3) Select Medical Corporation (“Select Medical”); and (4) CRI ES, Inc. (“CRI”) (collectively, “Defendants”). Among other claims, Plaintiffs asserts violations of Labor Code section 2699, the Labor Code Private Attorney General Act of 2004 (“PAGA”) as the tenth caus...

Excerpt: ... of the Common Core curriculum, Republicans, Texas school administrators, and the Second Amendment. In February 2017, Koerber sued Project Veritas, Cengage, and other defendants relating to the secret recording, as well as her termination. The Court (Feffer, J.) granted an anti-SLAPP motion, finding that Project Veritas's challenged conduct was protected journalistic and reporting activity under the anti-SLAPP statute and that, in any event, Koer...

Excerpt: ...ly, “Defendants”). Specifically, Plaintiff seeks the following: (1) Documents concerning transfers of real property that Metro acquired to expand the Purple Line, (2) All “Daily Inspection Reports” that document the daily observations of inspectors of all construction activity along with photographs taken by the inspectors, (3) Construction photographs taken by Skanska, and (4) Records of Jacobs Engineering. This inverse condemnation tria...

Excerpt: ... Now, Defendant moves to compel arbitration based upon an agreement Plaintiff signed. Plaintiff opposes the motion, which is granted. 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. Th...

Excerpt: ... Now, Defendant moves to compel arbitration based upon an agreement Plaintiff signed. Plaintiff opposes the motion, which is granted. 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. Th...

Excerpt: .... Plaintiff names 19 different companies that may have been responsible for Decedent's death. Now, the Lincoln Electric Company and J.W. Harris Company, Inc. (collectively, “Defendants”) demur on the grounds that the claims are untimely under the applicable statute of limitations. Defendants also move to strike the prayer for punitive damages and related allegations. Plaintiffs oppose the demurrer and motion to strike. The demurrer is sustain...

Excerpt: ...rassment, and (6) Declaratory and injunctive relief. Defendant demurs to the third, fourth, and sixth causes of action. Defendant also moves to strike certain allegations in the complaint, viz., references to certain Labor Code sections and a prayer for double damages and liquidated damages. Plaintiff opposes the demurrer, but not the motion to strike. LEGAL STANDARD A. Demurrer A demurrer for sufficiency tests whether the complaint states a caus...

Excerpt: ...even conduct discovery in this case. Instead, there were informal discussions, and the case settled after the complaint was filed. Now, Plaintiffs' counsel (“Counsel”) seeks fees in the amount of $20,671 plus a lodestar multiplier of one, for another $20,671, for a total of $41,342, plus costs in the amount of $846.73. An award of attorney's fees in the amount of $41,342 for a case of this nature is, quite simply, absurd, considering that Cou...

Excerpt: ...�) (collectively, “Defendants”). Plaintiff alleged as follows in the Second Amended Complaint: Plaintiff owned a building located at 1600 Long Beach Boulevard in Lynwood, California. (Second Amended Complaint, ¶ 11.) In November 2018, Plaintiff purchased a policy of general liability insurance which included coverage for fire damage from Jeff Lim of Promaster. (Id., ¶ 9.) The quote for the policy was for coverage of a “vacant” building....

Excerpt: ...ion, (3) Discrimination in violation of the Unruh Civil Rights Act, (4) Gender violence, (5) Violation of the Bane Civil Rights Act, (6) Violation of the Free Appropriate Public Education Act, (7) Negligent infliction of emotional distress, and (8) Intentional infliction of emotional distress. Plaintiff has agreed to dismiss the third, fourth, fifth, and sixth causes of action, as well as the prayers for prejudgment interest and attorney's fees. ...

Excerpt: ...ch Defendant opposes. The motion is denied. PROCEDURAL HISTORY Plaintiff filed the initial complaint on April 16, 2018, asserting ten causes of action: (1) waiting time penalties; (2) failure to provide accurate itemized statements; (3) failure to indemnify/reimburse employee expenses (4) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (5) failure to prevent discrimination, harassment,...

Excerpt: ...endants (the “Tenants”) were members of the Pi Kappa Alpha fraternity. Plaintiff Gamma Eta Foundation (“Gamma Eta”) secured the housing and leased it to Defendants. Gamma Eta alleges that the Tenants did not pay their rent during the relevant time period. The Tenants allege there was a dispute between Gamma Eta and their fraternity, so they paid their rent to the fraternity, not Gamma Eta with whom they signed leases. Gamma Eta filed 26 i...

Excerpt: ...he property in the amount of $999,999. (Id., ¶ 7.) On December 1, 2009, Wells Fargo Bank foreclosed on the property. (Id., ¶ 8.) The note was assigned to Piedmont Capital Management, LLC (“Plaintiff”) which seeks to recover the outstanding principal and interest, totaling $163,237.92. 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.) When consider...

Excerpt: ...ive order three days in advance of the hearing. Plaintiff filed an opposition and appeared at the hearing, which was held on April 16, 2021. The Court now sustains the demurrer without leave to amend. The Court posts this tentative four days in advance of the hearing. Any party who does not appear shall waive the right to be heard and shall submit to entry of this order. PLAINTIFF'S ALLEGATIONS Plaintiff's mother purchased real property, located ...

Excerpt: ...ncial difficulties with Plaintiffs' business, they sought to modify the terms of their loan in or about 2016. (Id., ¶¶ 7-8.) In May 2016, Wells Fargo denied the request for modification based in part on an “NPV” calculation. (Id., ¶ 9.) In July 2016, Plaintiffs' agent requested verification of the amount owed and details on the NPV calculation, but neither request was answered. (Id., ¶¶ 9-10.) On or about August 10, 2016. Wells Fargo adv...

Excerpt: ...n is granted. FACTUAL BACKGROUND Plaintiff is employed by the County of Los Angeles as a Public Health Nurse Program Specialist. (Plaintiff's Response to Defendants' Separate Statement, ¶ 1.) Between 2012 and 2014, Plaintiff filed three internal grievances and four County Policy of Equity internal complaints against her direct supervisor, Maria Lieras. (Id., ¶ 2.) The parties entered into a “No-Fault Settlement Agreement.” (Id., ¶ 3.) Plai...

Excerpt: ...irmative defense under the statute of limitations. There was no dispute that Plaintiff was an adult at the time of the alleged assault, so the statute of limitations was two years, per Code of Civil Procedure section 335.1. Following the trial, the Court afforded Plaintiff an opportunity to brief the statute of limitations issue. The Court issued a tentative statement of decision on January 11, 2021, following which the Court held a hearing on th...

Excerpt: ... civil case against her employer, which was Alexander v. Community Hospital of Long Beach, et al., Case No. BC426353. (Id., ¶ 5.) The case allegedly asserted violations of the Fair Employment and Housing Act, Government Code section 12940 et seq., including sexual harassment, sexual orientation discrimination, retaliation, and failure to investigate and prevent sexual harassment and discrimination. (Ibid.) Plaintiff was called as a witness by th...

Excerpt: ...eral Motors LLC's (“GENERAL MOTORS”) entire original file regarding the 2012 Chevrolet Cruze; VIN: 1G1PC5SH7C7368363 (“SUBJECT VEHICLE”). 2. GRANTED: DANIEL WASHINGTON and SILVIA M. VIRULA's (referred to hereafter as “Plaintiffs”) request for repurchase of the SUBJECT VEHICLE. 3. GRANTED: All warranty claims made to GENERAL MOTORS with regard to the SUBJECT VEHICLE. 4. GRANTED: All repairs and service performed on the SUBJECT VEHICLE....

Excerpt: ...lowing causes of action in the second amended complaint: (1) Fraud, and (2) Breach of contract. Defendants now demur to the second amended complaint, which is sustained without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff's mother purchased real property, located at 44809 Bernald Street in Lancaster, California (the “Subject Property”), in 2004. (Second Amended Complaint, ¶ 7.) Her original mortgage lender was Aames Home Loan (“Aames�...

Excerpt: ...raza, Lenora M. Peraza, and “Omar Blackburn and Residents.” This action was filed against Ziv Properties and Manuel Gutierrez, asserting causes of action for: (1) Housing Discrimination, (2) Harassment, and (3) Civil and criminal negligence. Defendants filed demurrers and motions to strike, which Plaintiffs did not oppose. The demurrers are sustained, and the motions to strike are granted, with leave to amend. LEGAL STANDARD A. Demurrer A dem...

Excerpt: ...ha, J.) sustained a demurrer with leave to amend, following which Plaintiff filed a first amended complaint naming the following defendants: (1) Thrulaw, P.C., a California Corporation doing business as “California Disability Rights Center,” and “Mi Abogado Accidentes,” and “PowerLiens,” and (2) Pejman Javaheri. Now, Defendants demur to the second amended complaint arguing as follows: (1) The first and fourth causes of action against ...

Excerpt: ... Promissory estoppel, (9) Breach of fiduciary duty, (10) Constructive fraud, (11) Actual fraud, (12) Violation of Business and Professions Code section 17200, (13) Violation of Business and Professions Code section 17500, (14) Conversion, (15) Accounting, and (16) Constructive trust. Defendant Walter Lima (“Defendant Lima”) demurs to all causes of action, following which Plaintiff dismissed the first, second, third, ninth, and tenth causes of...

Excerpt: ...arties conducted one round of initial written discovery and conducted one deposition (of Defendant's person most qualified). Now, Plaintiff's counsel seeks attorney's fees totaling $64,101.50 plus a loadstar multiple of one, meaning that Plaintiff's counsel seeks attorney's fees totaling $128,203. Plaintiff's counsel also seeks costs and expenses totaling $2,578.88. Defendant does not oppose the request for costs/expenses, but opposes the motion ...

Excerpt: ...f the Private Attorneys General Act of 2004, Labor Code section 2698 (“PAGA”), (2) Retaliation in violation of Government Code section 12940(h) and Labor Code section 98.6(a), and (3) Unfair competition in violation of Business and Professions Code section 17200. Defendants now demur to the first amended complaint, which Plaintiffs oppose. The demurrer is overruled. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states ...

Excerpt: ...e, the Court issued an Order to Show Cause why it should not adopt one of the parties' proposed protective orders. PROCEDURAL HISTORY Plaintiff's counsel took the depositions of two of Defendant's employees, Cynthia Maluto and Toyea Sims. During the depositions, Defendant's counsel objected to certain questions on the grounds of privilege. Therefore, Plaintiff filed motions to compel answers to the questions at issue. Specifically, Plaintiff soug...

Excerpt: ...denied. LEGAL STANDARD Per Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its dis...

Excerpt: ... of an implied contract. Defendants demur on the grounds that the statute of limitations on the cause of action has expired. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS In the late 1990s and early 2000s, Plaintiff wrote a novel, titled “Paris, Texas,” under the pen name “Thomas Hardy.” (First Amended Complaint, ¶ 11.) The book was the story of an autistic accountant named Perry Spence whose stepfather ...

Excerpt: ...omas “Rick” Hill, (2) Chief Financial Officer Steve Boyle, and (3) Chief Operating Officer Judy Reimer. Defendants hired Plaintiff on May 15, 2015 as a property manager. (Complaint, ¶ 17.) Plaintiff alleges that the three individual defendants “controlled the business and affairs of” the three entity defendants. (Id., ¶ 14.) Plaintiff alleges that “Defendants hired [her] on May 15, 2015 as a property manager.” (Id., ¶ 17.) Plaintif...

Excerpt: ...sts a hearing, one will be scheduled. If no party requests a hearing, the Court will take the hearing off-calendar, and this tentative order will issue. BACKGROUND Plaintiffs Harry Abramson and Lynn Abramson (“Plaintiffs”) filed this action following the foreclosure of their property. On May 9, 2005, Plaintiffs entered into a written loan agreement with Wells Fargo Bank, N.A. (“Wells Fargo”) for $776,250, secured by a deed of trust on the...

Excerpt: ...vate Attorney General Act of 2004, against their alleged employers: (1) The California Rehabilitation Institute, LLC (“Cal Rehab”); (2) Select Employment Services, Inc. (“Select Employment”); (3) Select Medical Corporation (“Select Medical”); and (4) CRI ES, Inc. (“CRI”) (collectively, “Defendants”). Plaintiffs also named the Director of Pharmacy, Defendant Alex Jawharjian, as a defendant. The Court previously granted Defendan...

Excerpt: ...f opposes the motion, which is granted. PLAINTIFF'S ALLEGATIONS USC hired Plaintiff, a hematologist-oncologist, as an Associate Professor of Clinical Medicine for a term beginning on July 14, 2014, and ending on June 30, 2017, at a salary of $275,000 per year. (Complaint, ¶¶ 10-12.) In the offer of employment, USC assigned Dr. Chaudhary to be Plaintiff's mentor. (Id., ¶ 11.) From the start of Plaintiff's employment, he observed Dr. Chaudhary b...

Excerpt: ...ng injury. Defendant Eden Marketing Corporation (“Defendant”) moves for summary judgment on Plaintiff's complaint, 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...

Excerpt: ... for punitive damages and related allegations. Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper ...

Excerpt: ...lhoun”). Plaintiffs allege that they were eating outside a restaurant owned and operated by Defendants Kimco Realty Corporation and Panda Restaurant Group, Inc. (“Defendants”) when Calhoun accidentally pressed the gas pedal, hopped the curb, and hit them. Calhoun and Plaintiffs have settled, per Calhoun's agreement to pay each plaintiff $100,000 (a total of $200,000). Calhoun filed an application for a determination of good faith settlement...

Excerpt: ...nk (“Blank”) drove for Uber Technologies Inc., Rasier LLC, and Rasier-CA LLC (collectively, “Defendants”). Plaintiff asserts the following causes of action: (1) Motor Vehicle Negligence, (2) General Negligence, (3) Reckless Misconduct/Gross Negligence, and (4) Fraud/Deceit/Intentional Misrepresentation. Now, Defendants demur to the third and fourth causes of action. Defendants also move to strike the prayer for punitive damages and attorn...

Excerpt: ... Talavera following a motor vehicle collision. Liliana Avalos Hernandez and Richard Enrique Avalos (the “Avalos Defendants”) have settled with Plaintiff for $15,000 and seek a determination that their settlement was made in good faith. Juan Guillermo Talavera (“Defendant Talavera”) also settled with Plaintiff for $15,000 and seeks a determination that his settlement was made in good faith. Defendant Ramesh Arora (“Defendant Arora”) op...

Excerpt: .... (“Bay City”) to Defendants' subpoena duces tecum. The motion is denied for two independent reasons. First, Defendants failed to comply with the procedural requirements of this motion. Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, the movant must schedule an Informal Discovery Conference (“IDC”) before the Court will hear any motio...

Excerpt: ...08 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be fair and impartial in t...

Excerpt: ...loped a bone infection following a bunionectomy procedure performed by Defendant. Plaintiff alleges that Defendant failed to advise him concerning the risks and complications of surgery, and that Defendant failed to diagnosis a bone infection caused by the surgery. Plaintiff asserts causes of action for: (1) Professional Negligence/Medical Malpractice, and (2) Failure to Obtain Informed Consent. Now, Defendant moves for summary judgment, or in th...

Excerpt: ...dewalk. Plaintiff alleges a cause of action for premises liability against Defendant. Defendant moves for summary judgment based upon two theories: (1) Plaintiff cannot proceed against a municipality on common law causes of action; and (2) Plaintiff cannot establish the element of duty because the defect was trivial. The Court need not address the first argument, as it construes the cause of action as one for dangerous condition of public propert...

Excerpt: ...dzhyan and Miran Poladian (“Defendants”) following a motor vehicle collision. The parties have stipulated to preference under Code of Civil Procedure section 36(a). Plaintiff now moves to augment his expert witness designations, and to compel the deposition of Defendant Poladian. Defendants oppose both motions. The Court denies Plaintiffs' motion to augment his expert witness designations and grants Plaintiffs' motion to compel the deposition...

Excerpt: ... petition for approval of the settlement, following which the Court issued a minute order. The Court provided the following notice: Attorney's Fees – Petitioner's counsel seeks attorney's fees in the amount of $400,000, which is 40% of the settlement of $1,000,000. However, the record does not support an award in that amount. The case was filed on January 3, 2019, and the case settled on July 11, 2019. (Declaration of Michael J. De Vore, Esq., ...

Excerpt: ...ry duties of loyalty and good faith, usurped corporate assets and opportunities, and interfered with Plaintiffs' prospective economic advantage by engaging in a persistent pattern and practice of favoring his own interests over those of Plaintiff. Plaintiff claims Defendant Hamrell mischaracterized income received from Plaintiff to himself of approximately $1 million as “loans” on the corporate books and records of Plaintiff and failed to dec...

Excerpt: ...walk outside Defendant's building. Defendant moves for summary judgment, arguing that it does not own the sidewalk and did not create the sidewalk defects at issue. Plaintiff opposes the motion, which 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 i...

Excerpt: ...efendant's store. Now, Defendant moves for summary judgment, which Plaintiff opposes. 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...

Excerpt: ...tor vehicle collision. Now, Defendant moves for summary adjudication, arguing that there is insufficient evidence that he negligently entrusted the vehicle to Mirna Miguel. Plaintiffs oppose the motion, which 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 materi...

Excerpt: ...roperty Specialist Group Inc. (“Defendant” or “PSG”), PSG's agent (Sean Cohen), and Allstate Realty Group Inc., in which Plaintiff was to transfer ownership of the subject property to PSG. Plaintiff claims this was due to his experiencing financial hardship and subsequently beginning to fall into arrears on his loan on the subject property. However, the lease agreement failed to set forth clear terms as to what, if anything, PSG would do ...

Excerpt: ...tative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Tracy Duronslet and Robert Almeida (“Plaintiffs”) filed this action against Defendant Eden Marketing Corp. Resta...

Excerpt: ...y are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. NOTICE Judge Goorvitch was sworn-in as a Superior Court Judge on December 15, 2015. Prior to that time, Judge Goorvitch made the following campaign contributions to Michael N....

Excerpt: ...bmitting on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Vaagn Karakhanyan and Karine Gyulvazaryan (“Plaintiffs”) filed this action following ...

Excerpt: ...ey are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Merilee Sandy, Steven Sandy, and James Robinson (“Plaintiff”) filed this action following a motor vehicle collision with Defendant C...