Excerpt: ...f constitutional due process, and violations of statutory duties under Cal. Welf. & Inst. Code § 9712.5(a)(1) against Defendants Long-Term Care Ombudsman of California and Wise & Healthy Aging, Long-Term Care Ombudsman Services (Defendants). These causes of action are related to the care of Plaintiff's mother at a Convalescent Center. Plaintiff alleges that Defendants' failure to provide a Korean language interpreter when Plaintiff's mother was ...

Excerpt: ...nt. (Complaint ¶ 13.) Beginning in about August 2017 Plaintiff began to receive notices about the water being shut off. (Complaint ¶ 14.) In March 2018 there was a change in ownership and/or management of the apartments. (Complaint ¶ 19.) Defendant Cannon Management (Cannon) is seeking to set aside a default that was entered on October 20, 2021. Cannon was the property manager of an apartment complex that was owned by Urban Foresight II 2014, ...

Excerpt: ...f was allegedly assaulted and defamed by Defendant. On October 5, 2022, Defendant served the various discovery requests on Plaintiff. (Valdespino Decl., ¶ 2.) Responses were due on November 9, 2022. (Valdespino Decl., ¶ 2.) As of the filings of the motions on February 27, 2023, Plaintiff had yet to provide Defendant with any responses to any of the discovery requests. (Valdespino Decl., ¶ 3.) Defendant also requests sanctions. No opposition ha...

Excerpt: ...mplaint against Defendant/Cross-Complainant RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay invoices in the amount of $586,962.09 for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 2.) RLoom has filed a cross-complaint alleging that Limelight was charging excessive prices for low quality garments and delivered defect...

Excerpt: ...ho is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” Civ. Code, § 1717. (Bold added.) Moving Party's Position After a bench trial regarding Cross-Complainant's Cross-Complaint for breach of contract on January 31, 2023, judgment was entered in Cross-Complainant's favor in the amount of $28,330.00...

Excerpt: ...Court to improperly base its decision not upon the facts that the Court must assume can be proven by Plaintiff, but instead upon the version put forth by Defendants. “The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of action under any legal theory. (Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052, 154 Cal.Rptr.3d 727.) We assume the truth of all facts...

Excerpt: ...egligent Misrepresentation; and (4) Bad Faith. This demurrer and motion to strike relate only to the two misrepresentation claims. This action arises from a boundary dispute between Plaintiffs and their neighbor. Plaintiffs had purchased title insurance from Defendant First American Title Insurance. (TAC ¶ 7.) Plaintiffs made a claim for coverage. (TAC ¶ 9.) Coverage was provided, and the Defendant title company provided counsel for Plaintiffs ...

Excerpt: ... for attorney's fees on the lease between the parties which allowed for the prevailing party in any action on the lease to recover reasonable attorney's fees. (Weisberg Decl., Ex. 4, p. 19, ¶ 31.) Plaintiff's initial request for attorney's fees was for $575,386.00. (Motion at p. 3; Plaintiff has since reduced this amount in its Reply.) Plaintiff contends that the total of 663.1 hours that its attorneys spent on this action are reasonable. That w...

Excerpt: ...taking down a political sign. On October 13, 2022, Defendant served Form Interrogatories and Special Interrogatories and Requests for Production on Plaintiff. On November 30, 2022, Defendant granted Plaintiff an extension to respond to discovery, and then Plaintiff made another request for an extension on January 4, 2023, making the discovery- responses due on January 13, 2023. (Motions at p. 3.) As of the filings of the motions on February 28, 2...

Excerpt: ...eges six causes ot action related to his occupancy at Defendants' propeny and the alleged problems that occurred during that æcupancy_ The causes of action that Plaintiff IS alleging are tor (1) tortious breach of implied warranty ot habitability; (2) private nuisance; (3) violation of California Civil Code S 19424; (4) fraud; (5) unfair business practices; and (6) wrongful eviction. In his Second Amended Complaint Plaintiff makes numerous alleg...

Excerpt: ...ustries, Inc. (Defendant 1016), and he was her supervisor. Plaintiff alleges that she was sexually harassed by Defendant Northrop and faced sex discrimination; that she was retaliated against in violation of FEHA and the Cal. Labor Code; that Defendant 1016 failed to prevent the sexual harassment, discrimination, and retaliation; and that she was wrongfully terminated. In her complaint, she alleges that these events took place while Plaintiff was...

Excerpt: ...ion ot the Labor Code, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-certified. Defendant Dr Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked tor the clinic. Plaintiff alleges in ner FAC that all ot the Detendants were engaged in unlawful business practices, and that they tailed to provide ner with meal and rest periods and accurate wage statements, among other things. S...

Excerpt: ...li and sister Olga Stavro. The three owners decided to sell the property. Plaintiff and his siblings intended that sale. Defendants Hans Tung and Fang Yu Huang were the buyers. Plaintiff understood that fact. The parties all knew that the three owners intended to sell the property to Tung and Huang at the agreed price set forth in the various sale documents. The sale was consummated. Tung paid the purchase price. The "deed" was delivered. It appe...

Excerpt: ...ampa Bay Rays, Chicago Cubs, Texas Rangers and Milwaukee Brewers. In his 12 year career, Mr. Garza pitched in 290 major league games, throwing nearly 28,000 pitches in over 1 ,710 endings. He struck out 1 ,380 batterers during that time. (Complaint 11 16, IT) Unfortunately, his career as a major league baseball player came to an end following the 2017 season as a result ot a June 3, 2017 collision betvæen himself and Milwaukee Brewers first base...

Excerpt: ...ntiff alleged that Defendant had no intentional of performing as promised. The complaint included a claim for pain and suffering. Plaintiff alleges that he paid $1,100 to Defendant as a deposit. It is claimed that since the kitchen cabinet door was not installed within 2 weeks Plaintiff lost rental income. A proof of service was filed on April 25, 2022, showing that Leticia Soriano, sole proprietor of Ramiro's Custom Cabinets, was personally serv...

Excerpt: ...e was for Defendant Johnson Controls Fire Protection LP to install fire alarm systems as part of a construction project The subcontract at issue included an arbitration clause that reads, in part, as follows: "Any controversy or claim arising out of or relating to this Subcontract, or the breach thereof, termination, enforcement, interpretation or validity thereat: or the Project, shall be settled by arbitration administered by the American Arbit...

Excerpt: ...potential renters can get information atK)L1t the apartment complex and schedule a tour of the apartment complex. Plaintiff filed this suit against Defendant atter Plaintiff visited Defendants website and found that it nad several problems, including missing alternative text tor images, missing form labels, and empty headings (Comp , 11 22) These issues make it difficult for visually impaired individuals to use the website and find out informatio...

Excerpt: ...er (or at least attempted to prevent an answer from being obtained). "Asked and Answered" was perhaps the most utilized three words in the transcript But rarely was anything answered. The Court shall not catalogue all the conduct of Plaintiffs counsel. (Nor does the Court see anyvalue in a Separate Statement that would merely burden the courtw•lth a very large document) There are many examples that could be set forth. This is but one. "Q Okay. ...

Excerpt: ...th attorney's fees and costs awarded to Plaintiff, the amount to be determined by subsequent motion. (Motion at p. 3 J Plamtiffhas now moved for an order pursuant to Civil Code S 1717 determining that Plamtiff is the party prevailing on the contract and is entitled to an award of attorneys fees as item of costs and fixing the amount of attorney's fees to which he is entitled as the party prevailing on the contract in this action. Plamtiff is requ...

Excerpt: ... Plaintiffs Second Amended Complaint alleges nine causes of action related to nis tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes ot action that Plaintiffs are alleging are for (1) breach ot contract; (2) breach ot covenant ot quet enjoyment; (3) breach ot statutory warranty of habitability, (4) private nuisance; (5) violation ot Inglewood Municipal Code 8-123; (6) fraud; (7) untair business ...

Excerpt: ...ntiff Matthew Garza (Plaintim by Defendant Certain Underwriters at Lloyd's of London (Lloyd's). When he tried to recover under that policy, Plaintiffs claim was denied by Lloyd's because of mformation that had been filled outin the original policy application. Plaintiff filed this suit against Lloyd's and other defendants because he claims that someone else filled out the information on the policy application that led to the denial of his claim, ...

Excerpt: ...veral years. sne is alleging in her complaint that she did not get along with ner manager, Xochitl Benavides, and that sometimes her manager would use a different tone ot voice with Plaintiff and use slang. Though it is not clear trom ner complaint, it appears that she is alleging that her employment was terminated atter a series ot disagreements Witn Benavides and other members ot management over the inspection ot cargo and passenger planes with...

Excerpt: ...000 for emotional distress damages in this constructive wrongful termination case. Plamtiff claimed no economic damages, as she obtained a similar new job within 2 weeks of her resignation at a substantially greater compensation rate. She had no loss of income. Plamtiff claimed no medical expenses were incurred, as she sought no medical care whatsoever for her emotional Injury. She claimed no expenses for medication of any type whatsoever as she ...

Excerpt: ...nterrogatories and Requests for Production on Defendants Youval Ziv and Pacific Holdings Partnership. Responses were due on June 28, 2022. (Motions at p. 3.) None were served. On July 20, 2022, Plaintiffs counsel reached out to Defendants' counsel to see if responses would be forthcoming. Defendants' counsel responded that they had not responded because Defendants and Plaintiff were engaged in settlement discussions. (Motions at p. 4.) A settleme...

Excerpt: ...laint Plaintiff makes several allegations in her SAC that her fellow employees at Defendant's company discriminated against and harassed her on the basis of her gender and religiorm Plaintiffs 92 page Second Amended Complaint is exceedingly contusing. While Plaintiff makes numerous conclusory allegations ot such things as discrimination (race, gender, age, etc), harassment, and many other conclusory statements, it is devoid ot the necessary tactu...