Excerpt: ...crimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) intentional infliction of emotional distress; (3) retaliation in violation of public policy; (4) retaliation in violation of FEHA; (5) failure to take necessary remedial action in violation of FEHA; (6) negligent infliction of emotional distress; and (7) defamation. On June 25, 2019, the Court sustained a demurrer to the second, third, sixth, and seventh causes of a...

Excerpt: ... disqualify Reuben Yeroushalmi and the law firm Yeroushalmi & Yeroushalmi (collectively “Yeroushalmi”) as Plaintiff's counsel. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of 10 items. The requests are granted, except for Exhibit M which was blank. EVIDENTIARY OBJECTIONS Yeroushalmi's objections to the Declaration of Dariush Soofer and its exhibits are overruled. Yeroushalmi's objections to the Declaratio...

Excerpt: ...; Philadelphia Indemnity Insurance Company; and Tokio Marine Specialty Insurance Company. On January 8, 2020, Berendos moved for summary adjudication against Walton. EVIDENTIARY OBJECTIONS The Court did not rely on the portions of the Declaration of Dora Leong Gallo to which Walton objected. FACTUAL BACKGROUND In 2014, Berendos began renovating two apartment buildings located at 226 and 235 South Berendo Street, and in July 2014, Berendos hired W...

Excerpt: ...compel arbitration and stay the action pending the completion of arbitration. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exi...

Excerpt: ...s of action for breach of contract, negligence, and declaratory relief. The notice of motion states that 235 Berendos L.P. and A Community of Friends also bring this motion for summary adjudication, but Walton's SACC does not name those two entities as cross-defendants. EVIDENTIARY OBJECTIONS The Court did not rely on the Declaration of Robert Begland. FACTUAL BACKGROUND In 2014, Berendos began renovating two apartment buildings located at 226 an...

Excerpt: ...igned an application for insurance requesting bodily injury liability limits in the amount of $100,000 per person and $300,000 per accident and uninsured motorist limits in the amount of $15,000 per person and $30,000 per accident. (Stipulated Facts “SF” 2.) On April 14, 2019, Plaintiff issued an automobile insurance policy to Louie Silva, which covered a 2018 Mini Cooper until October 14, 2019, with the same policy limits. (SF 1.) Plaintiff ...

Excerpt: ... settlement proceeds; (2) intentionally interfered with Plaintiff's contract with its former client, including Plaintiff's attorney lien; (3) intentionally interfered with Plaintiff's business relationship with its former client and the lien; and (4) aided and abetted the former client's fraudulent transfers of settlement proceeds. On April 29, 2020, Defendants Ford Serviss, Collins Ford, LLP, William H. Ford III, Claudia J, Serviss, and Michael ...

Excerpt: ...m the arbitration award in Illinois state court, and on April 2, 2020, they emailed the petition to Petitioner. On April 6, 2020, Petitioner filed a petition to vacate the arbitration award in this Court. On May 18, 2020, Respondents filed this motion to stay. On June 18, 2020, Petitioner filed an amended petition to vacate. The hearing was initially set for July 21, 2020. At that hearing, Petitioner stated that its request for judicial notice co...

Excerpt: ...to the SAC. DEMURRER Defendant demurs to the second cause of action (breach of the implied covenant of good faith and fair dealing) and third cause of action (financial elder abuse). When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated b...

Excerpt: ...020, Plaintiff and remaining defendants Cobalt Construction Company, Essey Construction Company, Inc., and Steel City Scaffold, Inc. (collectively, “Defendants”) reached a settlement. On August 4, 2020, Plaintiff filed an ex parte application for order apportioning wrongful death settlement. Plaintiff seeks an order apportioning 100 percent of the proceeds of the settlement to Plaintiff, excluding all others and specifically excluding Oswaldo...

Excerpt: ...D. Defendants argue that a claims examiner does not owe any independent duty to an insured and thus, cannot be held liable for alleged negligent claims handling. “ ‘The elements of negligent misrepresentation are (1) a misrepresentation of a past or existing material fact, (2) made without reasonable ground for believing it to be true, (3) made with the intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance o...

Excerpt: ...nd attorney fees. (Mikov Decl. ¶ 22 & Ex. D.) On April 22, 2020, Plaintiff filed a motion for attorney fees. Defendant requests that the Court take judicial notice of Plaintiff's counsel's motions for attorney fees in three other cases, a class action complaint in another case, and a declaration in support of an opposition to attorney fees in another case. The Court denies this request. Plaintiff's Objection Nos. 1-3 to the Declaration of Mary L...

Excerpt: ...al, LLC (“WD”) . WD purchased televisions from Plaintiffs and sold the televisions to retailers. WD ceased conducting business in 2015. Plaintiffs allege that WD failed to pay for the televisions and that Defendant guaranteed WD's debt. The FAC alleges six causes of action: (1) breach of the 2011 guaranty and of the guaranty in 2013 forbearance agreement; (2) fraud regarding the 2011 guaranty; (3) fraud regarding the guaranty in the 2013 forb...

Excerpt: ...uses of action without leave to amend. On May 15, 2019, the Court denied Defendant's first motion for summary judgment. On April 17, 2020, Defendant filed a second motion for summary judgment. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-5 to Defendant's Request for Judicial Notice are overruled. Plaintiff's Objection to Defendant's declaration are overruled as the Court does not rely on the evidence. REQUEST FOR JUDICIAL NOTICE Defendant ...

Excerpt: ...�the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.' [Citation.]” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 837.) An action against a corporation is to be tried in the county where the corporation has its principal place of business, where the contract was made or to be performed, or where the obligation or liability arose ...

Excerpt: ...red that Defendants “immediately cease all construction-related work on the following properties identified by Assessor Parcel Numbers: APN 6339-001-033 and APN 6339-001-034 (‘properties'), during the pendency of this lawsuit.” The Court also ordered Defendants to show cause why the Court should not enter a preliminary injunction imposing the same terms. The hearing on the OSC was continued several times due to the pandemic. The parties did...

Excerpt: ...uffers from a medically diagnosed allergy to certain chemicals commonly found in paint, cleaning supplies, detergents, and other common household items. Plaintiff rents an apartment on Defendants' property. Plaintiff notified Defendants of her physical disability, and in 2012 they provided accommodations in the form of payment for a hotel stay when repairs were made on the property. Plaintiff alleges that after announcing more work and repairs in...

Excerpt: ...laintiffs allege that an unknown person or persons created websites and Twitter accounts with which the person or persons posted defamatory statements about Gross. On January 7, 2020, Plaintiffs served a subpoena on Twitter asking for information to identify the person or persons who created the Twitter accounts @find_grind_bc, Twitter ID # 108393199435033216; @find_grind, Twitter ID # 1120791090250964992; and @fgbycott, Twitter ID # 948844988863...

Excerpt: ...action; (2) breach of fiduciary duty; (3) removal of dishonest and fraudulent member-manager as a derivative action; (4) accounting as a derivative action; (5) damages from ultra vires acts as a derivative action; (6) promissory estoppel; (7) fraud; and (8) declaratory relief as a derivative action. On February 6, 2020, Fox filed this demurrer and motion to strike. Fox demurs to the entire FAC and moves to strike allegations relating to the opera...

Excerpt: ... allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) Breach of Contract Dean demurs to the first cause of action on the grounds that she was not a party to the contract. (Demurrer at p. 5.) Plaintiff alleges th...

Excerpt: ...he rented from Defendants. Plaintiff was a resident of a property owned by Pacific View Apartments, Auburn San Pedro, and M Lofts and managed by Pan American, with Wood serving as an agent for the other Defendants. Plaintiff's complaint alleges nine causes of action: (1) breach of warranty of habitability (Civil Code § 1941.1); (2) breach of warranty of habitability (Health and Safety Code § 17290.3); (3) violation of Civil Code § 1942.4; (4) ...

Excerpt: ...his demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of 12 exhibits: (1) the Court's Tentative Ruling on Defendant's Demurrer and Motion to Strike Portions of Plaintiffs' Second Amended Complaint, which became the Court's December 27, 2019 order; (2) a hand-drafted redline showing the changes between the SAC and the TAC; (3) relevant excerpts of the USC Village Lease entered into between ...

Excerpt: ...nd, and sixth causes of action. EVIDENTIARY OBJECTIONS The Court does not rule on Defendant's Objections because the Court did not rely on the evidence that is the subject of the objections. FACTUAL BACKGROUND Plaintiffs contend that Defendant intentionally misrepresented the rentable square footage (“RSF”) in the parties' lease in order to secure favorable financing on the property, which resulted in Plaintiffs paying increased rent. On or a...

Excerpt: ... (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”). On June 1, 2020, Defendant filed a demurrer and motion to strike. Defendant demurs to the third, sixth, and seventh causes of action and moves to strike Plaintiff's prayer for punitive damages. DEMURRER ...

Excerpt: ...��) filed his first amended cross-complaint (“FACC”) against Ashley Moreno (“Cross-Defendant”). The FACC alleges that Cross-Defendant was aware of the facts supporting the complaint's fraud claims and knowingly participated in and benefited from the fraudulent conduct. Cross-Complainant seeks declaratory relief, equitable indemnification, and contribution. On April 16, 2020, Cross-Defendant filed a demurrer. A demurrer for sufficiency tes...