Excerpt: ...remediate mold in a residential unit they rented from Defendant. Now, Defendant demurs to the following causes of action: Fourth – Violation of Los Angeles Municipal Code sections 152.01 and 152.06 Fifth – Violation of the Tenant Habitability Program of the City of Los Angeles Sixth – Violation of the Los Angeles Municipal Code section 49.99.2 Seventh – Wrongful eviction Eighth – Retaliation Tenth – Intentional infliction of emotional...

Excerpt: ...hall submit to entry of the Court's tentative order or any other order the Court issues on the pending matters. TENTATIVE ORDER Plaintiff Joseph P. Gauthier (“Plaintiff”) filed a complaint-in-interpleader naming Edward L. Gauthier, Jr. (“Edward Gauthier”) and the Keystone Law Group (“Keystone”) as defendants. Plaintiff alleges that a fee dispute has arisen between Edward Gauthier and his then-counsel, Keystone, concerning a probate pr...

Excerpt: ...“Promed”), and Navid Zad (collectively, “Defendants”) asserting 23 causes of action for employment- based claims, discrimination and sexual harassment, defamation and trade libel, intentional infliction of emotional distress, conversion, interference with existing and prospective contractual relationships, and unfair competition. Defendants demur to the following causes of action: Second – Failure to pay overtime wages Third – Failure...

Excerpt: ...ed all of his separate property interest in a real property to his wife, Defendant. (Complaint, ¶ 2 & Exh. B.) The Decedent's signature was forged on the quit claim deed. (Complaint, ¶ 4.) Probate was opened on September 27, 2018. (Complaint, ¶ 3 & Exh. C.) Defendant evicted Plaintiff from the property, rendering her homeless. (Complaint, ¶¶ 7- 11.) Plaintiff alleges that she did not receive notice of the probate proceedings and thus failed ...

Excerpt: ...erwise . . . between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Declaration of Aman Abrah...

Excerpt: ... Dealing 6. Tortious Breach of Implied Covenant of Good Faith and Fair Dealing 7. Promise Made without Intent to Perform 8. Intentional Misrepresentation Defendants demur to every cause of action and move to strike the prayer for punitive damages and related allegations. PLAINTIFF'S ALLEGATIONS In or about June 2020, Plaintiff had an idea to start a sober living facility as a corporate venture. (Complaint, ¶ 9.) Plaintiff called a meeting of thr...

Excerpt: ...the premises. (Ibid.) Richard Dabbs then remembered that he had left the back patio door to his unit unlocked, so he climbed the fence surrounding the premises. (Id., ¶ 21.) Defendant Virgil Charles Davis (“Defendant Davis”), a security guard who worked for Defendant Metropole Security Services, Inc. (“Metropole”), saw Richard Dabbs climb the fence. (Id., ¶ 23.) Defendant Davis knew that Richard Dabbs was a resident of the premises. (Ib...

Excerpt: ...ed as a temporary employee at Wavestream, but he was not hired permanently by Wavestream and eventually was terminated by Express Services. Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the Department of Fair Employment and Housing and received a right-to-sue letter against “Express Employment Professionals.” Express Services filed a motion for summary judgment arguing, among other things, that Plaint...

Excerpt: ...Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts ...

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: ...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: ....) 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ... 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: ..., (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...