Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...

Excerpt: ... the Complaint on March 24, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a motor vehicle accident with Defendant. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the ...

Excerpt: ...wing facts. Defendant owes Plaintiff for legal services rendered. On July 13, 2023, Defendant filed a Cross-Complaint. Cross -Complainant alleged the following causes of action based on Cross - Defendant's representation of Cross-Complainant in the prior legal action: 1. Fraud; 2. Breach of Fiduciary Duty; 3. Breach of Contract; 4. Slander of Title; 5. Cancellation/Expungement of Lien and Quiet Title/Injunctive Relief. Meet and Confer Cross-Defen...

Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...

Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...

Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ... granted. Kenton Lane's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is denied. Background Plaintiffs Christopher Leach and Daniel Cunningham filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiffs' home. Defendant Lane is a marriage and family therapist. Defendant Lane pr ovided therapy services to Plaintiffs. However, Defendant Lane breached h...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...acts. Plaintiffs' decedent, Jonathan Flagler, a firefighter, died while fighting a fire at 30751 Tarapaca Road Rancho Palos Verdes – a residence owned by Defendant Racisz . Plaintiffs allege causes of action for: 1. Wrongful Death; 2. Survival Action. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Robert M. Juskie.) Request for Judicial Notice Defendant's request for judicia...

Excerpt: ...22, and the First Amended Complaint was filed on May 9, 2022. Plaintiff alleges the following facts. Plaintiff alleges that Defendant breached the contract wherein Defendant was required to service Plaintiff's propellers. Defendant filed a Cross -Complaint on June 30, 2022. Request for Judicial Notice Plaintiff's request for judicial notice is granted pursuant to Evidence Code § 452(d). Motion for Leave to Amend The court may, in furtherance of ...

Excerpt: ...on to Strike Portions of Complaint is denied, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on June 20, 2023. Plaintiffs allege the following facts. Defendant Kyle Bergstresser (“Bergstresser”) owns a home (856 Cypress Ave. Hermosa Beach, California) adjacent to Plaintiffs' home (852 Cypress Ave.). Plaintiffs, thro ugh misrepresentations of Defendants regarding the scope and completion t...

Excerpt: ...ffordable Multi -Family, LLC's Petition to Confirm Arbitration Award is granted. Baronet & Co., Inc.'s Petition to Vacate Arbitration Award is denied. Background Victorville/Desert Springs, L.P. and Affordable Multi- Family, LLC (“Petitioner”) filed the petition on November 15, 2023. The underlying dispute involved a settlement agreement in which petitioner was to make certain payments in exchange for respondent's d ismissal of three breach o...

Excerpt: ... Plaintiff alleges that his 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach...

Excerpt: ...ty of Torrance's Motion to Strike Portions of Third Amended Complaint is moot. Background Plaintiff's Complaint was filed on January 28, 2022. Plaintiff's Third Amended Complaint (“TAC”) was filed on July 12, 2023. Plaintiff alleges the following facts. Plaintiff is a firefighter paramedic for Defendant City of Torrance. In 2011, Plaintiff was diagnosed with a “physical disability, mental disability, or protected condition.” (TAC, ¶ 8.) ...

Excerpt: ...July 13, 2023, and the First Amended Complaint was filed on July 21, 2023. Plaintiff alleges the following facts. While a student at El Segundo Middle School, Plaintiff was groomed and sexually abused by a teacher beginning in 2001 through 2003. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligent Supervision and Retention; 3. Sexual Battery; 4. Sexual Harassment. Meet and Confer Defendant set forth a meet and confer decl...

Excerpt: ...r employee of Defendants. Plaintiff was discriminated against based on a disability. Plaintiff was misclassified as an exempt employee. Plaintiff was not paid all required wages, including overtime pay. Plaintiff was not provided the required rest and meal breaks during his employment with Defendants. Plaintiff was not provided with accurate payroll records. Plaintiff was not compensated for using his cell phone and personal vehicle for the benef...