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...