Excerpt: ...td. on November 5, 2021. Plaintiff asserts several disability discrimination claims under FEHA and wrongful termination in violation of public policy. Defendant filed a motion to compel arbitration on February 24, 2022. Defendant relies on an arbitration agreement between Filtec, Ltd. and Plaintiff. Defendant's human resources director states that Defendant Industrial Dynamics Company, Ltd. does business as Filtec, Ltd. The agreement provides tha...

Excerpt: ...chael Aguilera sues Premier Automotive of Placentia dba Premier Chrysler Dodge Jeep Ram of Buena Park (“Premier CDJR of Buena Park”) and FCA US LLC for violations of the Song Beverly Act against FCA US LLC and negligent repair against Premier CDJR of Buena Park. Plaintiff leased a car from Surf City Auto Group dba Huntington Beach CDJ Ram. The lease contained an arbitration provision which stated in relevant part: “Any controversy or claim ...

Excerpt: ...of (1) a duty to conform to the relevant standard of care; (2) a breach of that duty, i.e., the negligent conduct; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting damage. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.)? Duty is measured by the standard of care in the medical community. (Munro v. Regents of the University of California?(1989) 215 Cal.App.3d 977.) A healthcare provider is neg...

Excerpt: ... Defendant, Sean Elyaszadeh, in 19STCV06801 is GRANTED. The default entered on 12/30/20 is vacated. Defendant is ordered to file an Answer forthwith. This action arises from alleged misconduct with respect to Defendant Rafalian's control and management of real property located at 500 Carson Town Center in Carson. Plaintiff alleges claims for: 1. Breach of fiduciary duty 2. Accounting 3. Conversion 4. Declaratory relief 5. Fraudulent transfer 6. Q...

Excerpt: ...&1800 Boardup is sustained with leave to amend. The complaint alleges that Protech Construction was hired to restore Plaintiffs' mother's home after a fire pursuant to plans and specifications approved by the City of Compton. The city's building inspector requires correction to the patio cover built by Defendants. However, Defendants allegedly refuse to make the corrections. Plaintiffs allege one cause of action for breach of contract. Defendants...

Excerpt: ...ent, LLC. Plaintiff alleges that on the eve of closing escrow, Defendant prematurely delivered cancellation instructions although Plaintiff had obtained loan approval and was ready, willing, and able to perform. Plaintiff alleges claims for breach of contract and specific performance. The Court's file reflects that the parties stipulated to resolve their dispute through binding contractual arbitration as provided for in their contract. Stipulatio...

Excerpt: ...intiff owned in Compton, a hair salon owned by Plaintiff, vehicles, and cash. Plaintiff alleges the following causes of action: Against Defendants: Fraud Bustamante and Petrolla Avenue, LLC Elder Abuse All Defendants Intentional Interference with Contractual Relations Bustamante only Intentional Interference with Prospective Economic Relations Bustamante Only Factual History On 3/11/13, Plaintiff McKenzie filed a quiet title action bearing Case N...

Excerpt: ...ted on 11125 Penn Street in Lynwood. Plaintiff alleges he is the owner of the real property by adverse possession. On 4/15/19, Plaintiff amended the complaint to substitute Defendant, Belinda Lujan, for Doe 1. Lujan filed an answer and Cross-Complaint against Plaintiff for intentional and negligent misrepresentation, ejection, trespass, unfair competition, and for declaratory relief. On 9/8/20, Plaintiff amended the complaint to substitute Michae...

Excerpt: ...OTION TO STRIKE: An order striking the following portions of the complaint: (1) “General Damages” at p.9:13, (2) “attorneys fees” at p.9:15 and (3) “For punitive and exemplary damages against Defendants for their despicable conduct” at p.9:17-18. RULING: The demurrer is overruled. The motion to strike is granted, without leave to amend, as to “General Damages” at p.9:13 and is otherwise denied. Answer is due within 20 days. Defend...

Excerpt: ...ditor of Xavier Mitchell and Dana Bell (Mitchell and Bell) in the matter of LASC 15P04303 Talin Zohrabian v. Xavier Mitchell, Dana Bell, et al. In that action, Plaintiff obtained a judgment against Mitchell/Bell for $24,295.00. Plaintiff obtained a writ of execution on 9/14/18 and 10/1/18 and served two bank garnishments instructing BBVA to capture any funds held by each judgment debtor. Defendant Bank captured $399.02 from one account. Plaintiff...

Excerpt: ...g Receiver to Carry Judgment Into Effect and the First Report submitted by Receiver, Andrew Adams. As further explained below, the Court continues the hearing to _____________________________ to permit the Receiver to file a Second Report. Plaintiff, People of the State of California, brought this action to abate a public nuisance on two parcels of real property owned by Defendant. Plaintiff alleges that Defendant permitted dilapidated, unsanitar...

Excerpt: ... Plaintiff Vasquez leased from Defendants commercial real property located at 11206 S. Wilmington Ave in Los Angeles pursuant to a written contract. Plaintiff intended to use the space as a dessert shop. However, the property was legally authorized to be used as office or retail space, not restaurant space. Defendants allegedly breached the agreement by failing to submit an application to the Los Angeles Building department to change the building...

Excerpt: ... (Code Civ. Proc. § 367.) The complaint must allege the plaintiff's standing to sue. (See Friendly Village Community Assn., Inc. v. Silva Hill Constr. Co. (1973) 31 Cal. App. 3d 220, 223.) In the unlawful detainer context, this means that the plaintiff must allege the basis for its claim to a right of possession. Generally, the real party in interest in an unlawful detainer action is the person who owns or hold title to the claim or property inv...

Excerpt: ...ses; the third cause of action for breach of the implied covenant of good faith and fair dealing; conversion; money had and received; and unjust enrichment. Plaintiff has 30 days to amend. The demurrer is OVERRULED as to the claim for breach of fiduciary duty. (Ali and Eagles Mortgage Company, Inc. did not demur to the thirteenth cause of action for unlawful business practices in violation of Business and Professions Code section 17200.) ALLEGATI...

Excerpt: ...fendant's former employee Terrance Jackson, R.N. as Plaintiff must subpoena former employees. The request for sanctions is DENIED. In this medical malpractice action, Plaintiff Aida Iniguez alleges that Defendants were negligent in her care and treatment, resulting in the amputation of both her legs and other injuries. Plaintiff seeks to compel the depositions of two nurses involved in Plaintiff's treatment while allegedly employed by Defendant S...

Excerpt: ...Complaint alleges that Plaintiffs' decedent, Rosa Maria Salazar, died from injuries sustained in an automobile collision allegedly caused by Defendant Asuncion Garcia. Plaintiffs allege that Garcia was negligent in operating his vehicle while acting within the course and scope of employment with Defendant Expert Plant Care. Plaintiffs allege claims for negligence and negligence per se and dangerous condition of public property pursuant to Governm...

Excerpt: ..., 2021 to permit defense counsel an opportunity to obtain verifications from the incarcerated defendant. The complaint alleges one cause of action for breach of contract based on Defendant's alleged failure to pay Plaintiff for attorney services rendered. The summons and complaint were served on Ms. Eng on February 18, 2021. On March 8, 2021, Mr. Fletcher served the discovery at issue in this motion. Discovery was served before Ms. Eng appeared, ...

Excerpt: ...h a 60‐day notice to quit by posting and mailing. The notice was entitled “Sixty Day Notice to Terminate Tenancy Pursuant to Civil Code Section 799.70” and further states in relevant part: “You are further notified that pursuant to California Civil Code Section 799.70 you have violated the provision(s) of the lease, rental agreement or rules by doing or failing to do the following: You have become an extreme nuisance and a threat to the n...

Excerpt: ...y, issue or terminating sanctions. In the complaint, Plaintiff Noratel Power Engineering, Inc. alleges that Defendant Gregory Robinson, Plaintiff's former CEO, stole $3.6 million from the company by submitting hundreds of fraudulent expense‐reimbursement requests. Plaintiff asserts claims for fraudulent misrepresentation, fraud by concealment, breach of fiduciary duty, money had and received and conversion. On August 11, 2020, the court granted...

Excerpt: ...ing that the conduct of defendants related to the pleaded causes is such as to constitute constitutionally cognizable ‘minimum contacts.'” (DVI, Inc. v. Superior Court (2002) 104 Cal. App. 4th 1080, 1090‐91 [internal citations omitted.]) Plaintiff's argument focuses on the fact that TitleMax is a wholly owned subsidiary of TMX. “In analyzing the evidence of contacts, [the court] start[s] with the firm proposition that neither ownership no...

Excerpt: ...rting causes of action related to property commonly known as 500 Carson Town Center (“Carson Property”). On September 1, 2005, Elyaszadeh filed a cross‐complaint in that prior action, alleging causes of action relating to his claim of title in and to the property. On or about November 6, 2006, judgment was entered in favor of Elyaszadeh and against Rafalian. Among other things, the court declared: ‐‐ that Elyaszadeh had a 50% ownership ...

Excerpt: ... agreed to sell Cala the subject property. Judgment was entered against Ms. Baker‐Toler, and the court ordered specific performance of the agreement. Cala acquired the title to the property, and thereafter purported to serve Ms. Baker‐Toler and Mr. Toler with a three‐day notice to quit. Defendants failed to vacate the property, and Cala filed this action. The court previously granted summary judgment in favor of Plaintiff and against Defend...

Excerpt: ...ler had agreed to sell Cala the subject property. Judgment was entered against Ms. Baker‐Toler, and the court ordered specific performance of the agreement. Cala acquired the title to the property, and thereafter purported to serve Ms. Baker‐Toler and Mr. Toler with a three‐day notice to quit. Defendants failed to vacate the property, and Cala filed this action. The court previously granted summary judgment in favor of Plaintiff and against...

Excerpt: ...t Maxine Turner is alleged to be its president. Taylor alleges that Turner made defamatory statements regarding Taylor in the course and scope of her activities as the Association's president. Plaintiff also alleges that Turner and the Association violated the Davis‐Stirling Act by failing to maintain common areas as required by the CCRs and by failing to comply with the open‐meetings requirements. Plaintiff purports to allege four causes of ...

Excerpt: ...amended complaint, Plaintiff Orianthi Perez, through her guardian ad litem, alleges that shortly after she was born, a lumbar puncture test was performed, during which her arm and leg were fractured. A non‐accidental trauma investigation was performed, which involved both social services and the LAPD. From the medical records, Plaintiff deduces that the break occurred during the care provided by medical professionals employed by Defendant St. F...

Excerpt: ...12/20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $...

Excerpt: ...ed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that render...

Excerpt: .../20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $7,...

Excerpt: ...agreed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that re...

Excerpt: ...ationship between Plaintiff and Defendant and no rental agreement or lease. Defendant was allegedly served with a 30-day notice to quit under Civil Code section 789, which applies to tenancies at will. Defendant moves for summary judgment, claiming that the 30-day notice is defective because “the notice states an insufficient basis for unlawful detainer under the Code of Civil Procedure [section] 1946.2.” (See Notice of Motion). Although the ...

Excerpt: ...cuments as set forth below within 20 days' notice of this order. A. RULINGS REGARDING SPECIFIC REQUESTS REQUESTS FOR PRODUCTION NOS. 1, 11, 12, 13, 14, 15, 25, 26, 27, 30, 31, 34: The motion to compel further responses is GRANTED. Plaintiff has shown good cause for the discovery sought by the demands. The court overrules the objections, except the attorney‐client privilege and attorney work product objections to the communications referenced on...

Excerpt: ...or and could not move his body below his neck. He was transported to Defendant St. Francis Medical Center for treatment and medical care, where he allegedly received treatment from several physicians and surgeons, including Defendant David Razi, M.D. Plaintiffs allege that Dr. Razi's treatment of Mr. Ferguson fell below the standard of care and caused him injury, including permanent damage to his spinal cord, resulting in the loss of mobility. Mr...

Excerpt: ...use of action for unfair business practices and quiet title are SUSTAINED WITH LEAVE TO AMEND against the moving defendants only. Plaintiff has 20 days to amend. In the first amended complaint, Plaintiff Porfiro Zamora alleges that he is the rightful owner of real property located at 15319 California Avenue, Paramount, CA 90723. Plaintiff alleges that in October 2018, he was looking to borrow approximately $200,000 for an investment. A mutual fri...

Excerpt: ...demurrer to the seventh cause of action for breach of contract and the ninth cause of action for a violation of section 17200, et seq. of the Business Code. Cross‐complainant is allowed 20 days from notice of this order to amend. In the first amended cross‐complaint, Cross‐Complainant Global Logistical Connections, Inc. (“GLC”) asserts claims against Cross‐Defendants Snelling Staffing, LLC (“SSL”) and State Compensation Insurance ...

Excerpt: ...able dwelling and nuisance). Leave to amend is denied. Defendant is ordered to file an answer within 30 days of notice of this ruling. In the complaint, Plaintiffs Maria Guadalupe Avila, Jocelyn Avila and Javier Avila allege that they are tenants of a multiple‐unit apartment building owned and operated by Defendant Park Village Family Apartments LP. Plaintiffs further allege that the property was untenantable pursuant to Civil Code section 1941...

Excerpt: ...ther alleges that defendant entered into a written rental or lease agreement with Plaintiff's agent. Plaintiff further alleges, among other things, that Defendant was served with a three‐day notice to cure or quit, and that Defendant failed to comply with the requirements of the notice by its expiration. The notice was allegedly served on the Defendant by posting a copy on the premises and mailing a copy to defendant on the premises on December...

Excerpt: ...im Baksh dba Baksh Construction Company (“Baksh”) constructed a two‐unit income property on 97th Street in Los Angeles. On November 6, 2017, Baksh allegedly issued a warranty of completion of construction, in which Baksh allegedly warranted against all defects of equipment, materials and workmanship and agreed to remedy any defects for one year. In April and June of 2018, Plaintiff allegedly notified Baksh of major defects in the constructi...

Excerpt: ...purchase of various equipment, including three utility trailers. Plaintiff perfected a security interest in the vehicles. Defendant Tom Kim aka Tom Pongil Kim allegedly executed a personal guaranty of all of Defendant OT Truckline's obligations under the agreement. On or about November 15, 2019, Defendant OT Trucklines allegedly breached the terms of the agreement by missing payment. Plaintiff asserts claims for breach of written agreement agains...

Excerpt: ...hen employed by Defendant TAP Worldwide LLC d/b/a 4 Wheel Parts Performance Center. Plaintiff asserts claims under the Fair Employment and Housing Act, among others. Defendant has moved to compel arbitration, which Defendant opposes on the ground that, among other things, he never agreed to arbitration. Defendant now seeks limited discovery into issues relevant to the motion to compel arbitration. Specifically, Defendant seeks to compel Plaintiff...

Excerpt: ... Damien Cayetano. Plaintiff Daniel Cayetano is Orozco's husband and Plaintiff Esperanza Perez is Orozco's grandmother. Plaintiffs assert the following claims against the County: (1) professional negligence asserted by Plaintiff Orozco; (2) negligent hiring, training and supervision asserted by Plaintiff Orozco; (3) wrongful death asserted by Plaintiffs Orozco and Cayetano; (4) negligent infliction of emotional distress (bystander) asserted by all...

Excerpt: ...rent or quit on 2/5/2020, which notice demands back‐due rent in the amount of $10,900 for the period from August 1, 2019 to February 29, 2020, or $1,557.14 for 7 months. Defendant moves for summary judgment. EVIDENCE A. Defendant's Evidence Defendant presents a declaration stating that she moved into the premises at issue in this matter in 2016. At the time she moved in, there was another tenant living on the property and Defendant's share of t...

Excerpt: ...presentation and denied as to the other claims. Cross‐defendants have 30 days' leave to amend. The Nimmers did not demur to any other claim. In the cross‐complaint, Cross‐Complainant Harreld D. and Pauline E. Webster (“Websters”) allege that in February 2019, the Websters and Cross‐Defendants Devin and Hollie Nimmers (“Nimmerses”) entered into a residential purchase agreement dated February 14, 2019, whereby the Nimmerses agreed t...

Excerpt: ... costs. Plaintiff demands a jury trial. Defendant moves for a determination that a jury trial is not permitted in a PAGA action. Plaintiff opposes. “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution . . . .” Nationwide, supra, 9 Cal. 5th at 296‐97. There is no express statutory right to a jury trial in the PAGA Act. Instead, the language of the act makes cle...

Excerpt: ...he fourth cause of action for intentional infliction of emotional distress WITH LEAVE TO AMEND; and SUSTAINS the demurrer to the fifth cause of action for violation of the Unruh Act WITHOUT LEAVE TO AMEND. Plaintiff has 30 days to file an amended complaint. In the first amended complaint, Plaintiff ZN alleges the incident at issue in the lawsuit occurred when she was a second grade student at 116th Street Elementary, a school operated by Defendan...

Excerpt: ...ssories Inc. dba Luxe Linens, Dahlia Wexler, and Gary Wexler where Defendants agreed to pay Plaintiff a monthly rent of $11,717 for five years. Plaintiff alleges that it served a 3-day notice upon Defendants to pay rent owed in the amount of $61,028 or quit, and then the 3-day notice expired on 12/18/20. Plaintiff commenced this unlawful detainer action on 12/30/20. The complaint seeks recovery of past-due rent of $47,526.92, reasonable attorney ...

Excerpt: ... The requests for sanctions are denied. This is a breach of contract action. The First Amended Complaint alleges that Plaintiff, Prestige Development Corp., entered into a building construction contract with Defendants, Frank Harvey III and Krista S. Harvey, to build a car wash shell structure at Compton Car Studio Express Car Wash. The individual Harvey defendants and the Frank Harvey III and Krista S. Harvey Revocable Trust own the car wash. Pl...

Excerpt: ...ing, issue or evidentiary sanctions should Plaintiffs fail to comply fully with the court's October 20, 2020 order within 15 days of notice of this order. On October 20, 2020, the court granted Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) motions to compel initial responses to the following written discovery: Special Interrogatories, Set One; Form Interrogatories, Sets One and Two; Requests for Production, S...

Excerpt: ...e court's order calls for the production of documents protected by the attorney client privilege or attorney work product doctrine, Defendant may withhold the document from the production and provide a privilege log. The parties are ordered to meet and confer regarding a stipulated protective order. Defendant is ordered to submit a proposed protective order within 7 days of the date of this order and to call the courtroom in Department A to infor...

Excerpt: ...iff Michael L. Whitfield, Sr. alleges that he was defamed by Defendants Aubrey Manuel, Donald Harris, Mable Harris, Norris Smith, Kathleen Powell, and Sam Stella. Plaintiff alleges that he was and is a member and pastor of the New True Faith Missionary Baptist Church. Defendants are alleged to have been officers or board members of the church. Plaintiff alleges that in the fall of 2017, Plaintiff discovered evidence of financial fraud that appear...

Excerpt: ...did not expressly request expungement of the lis pendens, the court declines to grant that relief at this time. A separate application must be made pursuant to Code of Civil Procedure section 405.30. I. ALLEGATIONS IN THE SECOND AMENDED COMPLAINT This action was filed in June 2017 against Defendant Bryon Lamont Halcromb only. The first amended complaint was filed February 22, 2019, and the summons issued in March 2019. The first amended complaint...