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...

Excerpt: ...he 2011 guarantee agreement with regards to the lease. Defendants 1650 SCHRAEDER BLVD., LLC and SBE RESTAURANT GROUP, LLC (“Defendants”) have filed a motion to compel arbitration and stay this case pending the arbitration. Plaintiff opposes the motion. Legal Standard Under CCP § 1281.2, the party moving to compel arbitration bears the burden of demonstrating that “an agreement to arbitrate the controversy exists.” “With respect to the ...

Excerpt: ...audulently obtained loans and additionally misappropriated funds from Plaintiffs. On 8/13/2020, Plaintiffs got default entered against Defendants. On 8/25/2020, Defendant Ozer, individually and derivatively on behalf of Builders and Mayflower (“Defendant”), filed a Cross- Complaint against Plaintiffs as well as HILDA COMBS, alleging that Combs improperly took control of Builders and diverted its funds to herself and asserting claims for conve...

Excerpt: ...“Defendant/Cross- Complainant”) and Defendant DAVID PARTIEL (“Defendant”) for claims arising out of Defendants' alleged failure to pay for Plaintiff's work on a construction project. On 9/22/2022, Defendant/Cross-Complainant filed a Cross-Complaint against Plaintiff and Cross-Defendant ISAAC POSADA, alleging claims based on the alleged failure to complete the construction work, doing substandard work, and abandoning the project. Defendant...

Excerpt: ...he 2005 lease agreement with Plaintiffs by failing to pay the agreed-upon rent starting in May 2023, and also breached the 2011 guarantee agreement with regards to the lease. Specially Appearing Defendant SBE Ent Holdings, LLC (“Defendant”) filed this motion to quash service of summons, arguing this Court does not have personal jurisdiction over it. Plaintiff opposes the motion. Legal Standard When a defendant files a motion to quash for lack...

Excerpt: ...he apartment. Defendants filed Answers generally denying the allegations of Plaintiffs' Complaint and asserting twenty-six affirmative defenses. Plaintiffs filed this demurrer to the 7th through-10th, 13th through-15th and 23rd Affirmative Defenses, arguing that they fail to state facts constituting a defense or are uncertain. Defendants oppose the demurrer. Meet and Confer A demurring party must meet and confer with the opposing party in person ...

Excerpt: ...he Request For Production Of Documents, Set One, And Request For Sanctions; Motion Of Plaintiff To Compel Verified Responses By Irbusiness, Inc. To The Request For Production Of Documents, Set One, And Request For Sanctions. All four motions are granted. Background IMMIGRANT RIGHTS DEFENSE COUNCIL, LLC (“Plaintiff”) filed suit against Defendants for alleged violation of the Immigration Consultant Act (“ICA”) Plaintiff has filed four motio...

Excerpt: ...tary sanctions is denied, the Court finding the motion to set aside has merit. Background Plaintiff JOSE ANTONIO OLIVARES LIRA's (“Plaintiff”) Complaint alleges that Defendant SILVESTRE COSIO (“Defendant”) agreed to produce textile materials in exchange for money tendered by Plaintiff, but Defendant never delivered the materials. On 8/3/2022, the Court granted Plaintiff's motion to compel responses to Plaintiff's Interrogatories (Set 1), ...

Excerpt: ... 2 nd cause of action for sex status discrimination (in violation of Gov. C. §12940, et seq.) and the 8 th cause of action for failure to prevent discrimination. Defendant's Request for Judicial Notice is GRANTED. Defendant ABC Unified School District's Motion for Separate Trial of Plaintiff Montenegro's Fourth, Fifth, Sixth and Seventh Claims is GRANTED pursuant CCP §1048(b). Plaintiffs Maria Cota, Judi Dixon, Linda Harbin, and Theresa Montene...

Excerpt: ..., for damages arising from childhood sexual abuse while under the custody and care of defendants at George Washington Preparatory High School around 2005 or 2006. Plaintiff alleges that, pursuant to Government Code Section 905(m) (“Section 905(m)”), this action brought under Section 340.1 is exempt from the claims presentation requirement in the Government Claims Act. (Complaint, ¶ 29). Plaintiff alleges the following causes of action agains...

Excerpt: ...and representative capacity as Trustee of the Esperanza Molina Revocable Trust – 1995, alleging two causes of action: (1) Violation of the Unruh Civil Rights Act (“Unruh”) and (2) Violation of the California Disabled Persons Act (“CDPA”). Defendant filed a Demurrer and Motion to Strike the Complaint. Plaintiff opposes both. Factual Background – Plaintiff is a high-frequency litigant as defined by CCP § 425.55, and an ADA advocate and...

Excerpt: ... defendants, for the apartment at 7950 W. Sunset Blvd. #337, Los Angeles, but Defendants failed to maintain habitable conditions in spite of repeated notice of uninhabitable conditions, such as lack of heating, infestations, dampness, mold, dilapidation, buckling ceiling, adequate garbage receptacles, broken doors and windows and lack of weatherproofing. Plaintiffs allege five causes of action. Plaintiffs' prayer for relief seeks punitive damages...