Excerpt: ... from working with defendants' products containing crystalline silica. The causes of action are: 1) Negligence; 2) Strict Liability – Warning Defect; 3) Strict Liability – Design Defect; 4) Fraudulent Concealment; 5) Breach of Implied Warranties; and 6) Loss of Consortium. This tentative ruling addresses motions filed by two of the defendants. First, Defendant CAESARSTONE USA, INC. (“Caesarstone”) demurrers to each claim of the Complaint ...

Excerpt: ...wful Business Practices (Bus. & Prof. Code 17200 et. seq.); 2. Failure to Pay Minimum Wage; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Labor Code Section 203 Wages; 6. Labor Code 226 Damages; and 7. Wrongful Termination in Violation of Public Policy. Defendants demur to the FAC and move to strike allegations regarding appointment of a receiver. Plaintiffs oppose as addressed below. LEGAL STANDARD Demurrers are to be...

Excerpt: ...nvey three parcels of land to Plaintiff in violation of a written settlement agreement between the parties. Plaintiff's First Amended Complaint (“FAC”), filed on 8/28/2023, alleges claims against Defendant for: (1) Breach of Contract/Specific Performance of Contract; (2) Quiet Title; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Declaratory Relief; (5) Nuisance; and (6) Negligent Interference with a Prospective Econom...

Excerpt: ...anctions. Plaintiff opposes the motion and seeks sanctions. LEGAL STANDARD Section 2025.450(a) provides that after service of a deposition notice, if a party fails to appear without service of a valid objection, the party giving the notice may move for an order compelling the deposition. A motion to compel deposition attendance m ust include a declaration showing that the moving party inquired about the nonappearance. CCP §2025.450(b)(2). “Imp...

Excerpt: ...ile attending a game on August 20, 2021. Defendant LOS ANGELES DODGERS LLC (“Defendant”) brings a demurrer to the single cause of action for violation of the Unruh Act. Plaintiff opposes the demurrer. Defendant correctly argues that the Unruh Act claim is time -barred under the two- year statute of limitations (Code Civ. Proc., § 335.1) because the face of the Complaint shows that Plaintiff's claim accrued on August 20, 2021, but he did not ...

Excerpt: ...ent Filed on October 13, 2014 in Case No. 05A01698 (CCP 473). Background In this case, plaintiff NAREK AROUTYNYAN (“Plaintiff') seeks to quiet title and for other relief against Defendants BAG FUND, INC. and JASON LYNN (“Defendants”) in connection with a property located at 8943 Telfair Avenue, Los Angeles, and owned by Plainti ff. In its Cross-Complaint, Defendant Bag Fund, Inc. (“Defendant Bag Fund”) seeks declaratory relief and unjus...

Excerpt: ...KMAN and JUDITH LORRAINE RYCKMAN (“Plaintiffs”) brought this case against Defendants LAURA DREXLER and DAVID DREXLER as Trustees of the Drexler Trust (“Drexler Defendants”), and the Drexlers' attorney Michael Schwimer (“Schwimer”) (Drexler D efendants and Schwimer collectively referred to herein as “Defendants”), to preclude enforcement of sanctions orders issued in a separate case between Plaintiffs and the Drexler Defendants. Sc...

Excerpt: ...ant of Good Faith And Fair Dealing; 3) Private Nuisance; 4) Violation of Penal Code 496; 5) Battery; 6) Unfair Business Practices; and 7) Intentional Infliction of Emotional Distress. Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. LEGAL STANDARD Demurrers are to be sustained where a pleading fails to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992) 4 Cal. App. ...

Excerpt: ...Defendants Thomas Block and Sue Emrek (“Defendants”) related to Defendants' involvement with a loan and deed of trust for the property at 4351 La Barca Drive, Tarza na, California (the “Property”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quie...

Excerpt: ...pal Code § 6-1-1010 to impound motor vehicles owned by Plaintiff. The causes of action i n the First Amended Complaint (“FAC”) are: (1) Declaratory and Injunctive Relief Re Vehicle Code Preemption of City Ordinance; (2) Declaratory and Injunctive Relief Re Violation of California Due Process Clauses; (3) Declaratory and Injunctive Relief Re California State Privileges or Immunities; and (4) Declaratory and Injunctive Relief, and for Damages ...

Excerpt: ...LLC (“Defendant”) produces, markets, and sells makeup an d skincare products through its websites and various brick-and-mortar stores. Plaintiff alleges that Defendant's website has access barriers that make it impossible for visually impaired individuals like Plaintiff to utilize the websites. Plaintiff's First Amended Complaint (“FAC”) alleges one cause of action for violation of the Unruh Civil Rights Act (“UCRA”), Civil Code §§ ...

Excerpt: ...401k PLAN, S.B.S. TRUST DEED NETWORK, PENSCO Trust Company LLC, Custodian FBO Sylla McClellan IRA: 080000001321, JAMES C. ELKINS, MELINDA J. ELKINS, ELKINS FAMILY REVOCABLE TRUST OF 2002, LAWRENCE C. HENIG, D.D.S., INC. (“Defendants”) who allegedly fraudulently induced Plaintiff into loan modification agreements regarding the loan on Plaintiff's apartment property at 4757 S. Mansfield, Los Angeles, CA 90026 (the “Property”). Plaintiff mov...

Excerpt: ...”) filed an Unlawful Detainer Complaint against ANSELMO SANCHEZ, alleging service upon Defendant of a notice to pay rent or quit. Defendant filed an Answer alleging that Plaintiff had breached the warranty of habitability by failing to make repairs and the amount in the notice to pay rent or quit included rent not yet due. Defendant previously filed a motion to compel Plaintiff's managing agent Jeet Jogani's deposition, and to impose $1,625.00 ...

Excerpt: ...ses, without objections, to Defendant's Form Interrogatories, Set Three, and for $1,410.00 in sanctions against Plaintiff and counsel. Defendant served Plaintiff with the form interrogatories on May 16, 2023. (Maddock Decl., ¶ 5.) Plaintiff did not serve responses timely, and still did not serve responses even after Plaintiff provided Defendant an extension to serve objection-free responses in July 2023. (Id., ¶ 7.) Prior to the hearing on this...

Excerpt: ...f funds from Plaintiffs when he served as CEO of Hwy Logistic, Inc. The Second Amended Complaint (“SAC”) also alleges that Li, Chih's wife, engaged in fraud by receiving Chih's salary in her name and that she and Chih engaged in a fraudulent scheme to steal and dissipate Plaintiffs' assets and embezzle Plaintiffs' funds. The SAC alleges the following causes of action solely against Chih: First Cause of Action for Breach of Contract; Third Cau...

Excerpt: ...e residential property at 1115 S. Sherboume, Los Angeles, CA 90035 (“Property”), by failing to rent for the years 2020, 2021, and 2022. Cross-Complainants filed a Cross-Complaint seeking damages against Cross-Defendants for allegedly untenantable and substandard conditions at the Property. Cross-Complainants also allege that Cross-Defendants are involved in improper debt collection activities. Cross- Complainants' causes of action are: 1) Bre...

Excerpt: ...hen fraudulently induced him to sign a severance agreement that contained an illegal no-rehire clause. Plaintiff, who is in his early 60s, alleges he began working at Defendants' retail store in Beverly Hills in 2010 and received positive performance reviews from Defendants up until he was terminated in 2019. (First Amended Complaint (“FAC”) ¶¶ 26, 28, 38-39.) Plaintiff alleges that he “frequently” complained to Defendant Kathy Martin (...

Excerpt: ...d LA Apparel terminated her employment after she reported Newman's misconduct to the company. Plaintiff's individual causes of action in the Complaint are: (1) Sexual Harassment (Cal. Civ. Code § 51.9); (2) Sexual Harassment in Violation of FEHA (Hostile Work Environment); (3) Quid Pro Quo Sexual Harassment; and (4) Failure to Prevent Hostile Work Environment and Harassment in Violation of FEHA. Plaintiff's Fifth Cause of Action alleges a PAGA c...

Excerpt: ...GROUND In this case, PATRIZIO MOI (“Plaintiff”), a self-represented litigant, seeks damages against Defendants DLA PIPER LLP (US); DLA Piper attorneys MILES COOLEY; MICHAEL GARFINKEL; JASON LUEDDEKE; and MICHAEL BROWN (collectively, “Moving Defendants”); JABARI's INC.; JABARI MCDAVID (“McDavid,” Jabari Inc.'s owner); and PHILIP LAWRENCE in connection with a lawsuit (“Lawsuit 1”) filed by Plaintiff and Jabari's Inc. against Lawrenc...

Excerpt: ...tiff's former attorney Helen Yu. That arbitration ended with a fee award of more than one million dollars in Yu's favor. In the post-judgment litigation following the arbitration award, the court ultimately ordered a sheriff's sale of two real properties owned by Plaintiff to satisfy the judgment. The causes of action in Plaintiff's Complaint are: 1) Professional Malpractice; and 2) Breaches of Fiduciary Duties. Defendants move for summary judgme...

Excerpt: ...intiff's property. Plaintiff alleges three causes of action: (1) Negligence, (2) Nuisance, and (3) Trespass. Plaintiff seeks punitive damages for the nuisance and trespass causes of action. Defendants filed a motion to strike the punitive damages allegations from the Complaint. Plaintiff opposes the motion. Legal Standard A court properly grants a motion to strike punitive damages when the complaint fails to set forth the elements in the general ...

Excerpt: ...endant has filed a motion seeking a stay of this action pending the outcome of an administrative proceeding Plaintiff filed that it pending before the Los Angeles County Civil Service Commission (the “Administrative Proceeding”). Plaintiff opposes the motion. Legal Standard An employee may, but need not, exhaust a city's internal grievance procedures in addition to FEHA's administrative remedy, before pursuing a FEHA action in superior court....

Excerpt: ...ons Both motions are granted. On or before 2/26/24, Defendant NAI HIFFMAN and Defendant HIFFMAN NATIONAL OF CALIFORNIA, INC. shall serve further responses, and produce documents, without objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents served by Plaintiff KELLEY CLOUD. On or before that same date, Defendant NAI HIFFMAN and Defendant HIFFMAN NATIONAL OF CALIFORNIA, INC. ...

Excerpt: ...RAL INSURANCE COMPANY (“Plaintiff”) seeks a declaratory judgment that an insurance policy it issued to Defendant GO MAPS, INC. (“Defendant Go Maps”) does not provide coverage for an arbitration that Defendant REDPOINT COUNTY MUTUAL INSURANCE COMPANY (“Defendant Redpoint”) noticed against Defendant Go Maps, and that the insurance policy also does not cover other lawsuits between Defendant Go Maps and Defendant TOPA INSURANCE GROUP. Spe...

Excerpt: ...ndant LAUSD (“Defendant”) for head injuries she sustained after she fell at her elementary school playground. Defendant previously conducted independent medical exams (IMEs) of Plaintiff. Defendant has filed a motion requesting leave to have Plaintiff submit to further neurological, psychiatric, and neuropsychological IMEs, and to reopen discovery for the limited purpose of subpoenaing Plaintiff's medical records, and for the deposition of Pl...