Excerpt: .... FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Defendant Fernando Tours, Inc. (“Fernando Tours”) entered into a Vehicle Promissory Note and Security Agreement (the “Agreement”) with Plaintiff United Leasing, Inc. (“United Leasing”). (Compl. ¶ 7.) Defendant Fernando Aguilar (“Aguilar”) was a guarantor to the agreement. (Compl. ¶ 17.) Pursuant to the agreement, Fernando Tours agree...

Excerpt: ... (“Santopietro”) entered into a contract with Defendant James Harden (“Harden”) and his agents, Defendants Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals, LLC (“LA Real Estate”), and Solimar Management, LLC (“Solimar”), for Harden to rent Santopietro's home (“the Property”) for one week. (Compl. ¶ 5.) Included in the rental contract was a provision forbiddi...

Excerpt: ...ACKGROUND This is an action for employment discrimination and retaliation. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Julie Sevigny (“Sevigny”) suffers from severe anxiety and other mental and physical impairments. (FAC ¶ 7.) Additionally, her daughter suffered from a disability. (FAC ¶ 6.) Sevigny requested leave to care for her daughter, as well as leave recommended by her doctor for her own medical co...

Excerpt: ...f Thelmo Garcia (“Plaintiff”) entered into a lease agreement (“Agreement”) with Solar City Corporation (now Defendant Tesla) (“Defendant”). (Comp. ¶ 8.) Plaintiff agreed to pay $23,600.00, with total lease payments of about $26,126.00, in exchange for a 20-year lease of Defendant's solar panel system (“System”). (Ibid.) Plaintiff's main reason to obtain the System was to lower his electricity bill. (Compl. ¶ 10.) Defendant assur...

Excerpt: ...inued until a date to be determined at hearing. Plaintiff's Request for Sanctions against Danny Gomes Homes, Inc. and its Counsel of Record is DENIED. FACTS OF THE CASE This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs leant $200,000.00 to Defendants to fund the opening of their Real Estate Business, Danny Gomes Homes (“DGH”). (Comp. ¶ 13.) Plaintiffs loaned this money to Defendants pursuant to an oral ag...

Excerpt: ...d as to Defendant Harari only. Defendants' Demurrer to the Fourth Cause of Action is SUSTAINED with leave to amend. Defendants' Demurrer to the Eighth, Ninth, and Tenth Causes of Action are SUSTAINED without leave to amend as to all Defendants. FACTUAL BACKGROUND This is a wrongful foreclosure action concerning the residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (TAC ¶ 1.) The operative Third Amen...

Excerpt: ... of reasonable attorney fees will be determined at hearing. FACTUAL BACKGROUND This is a petition to deposit to the Court disputed surplus funds resulting from a foreclosure sale. Petitioner First American Title Insurance Co. is the trustee under a Home Equity Conversion Deed of Trust executed by Effie M. Porter on July 25, 2012. (Petitioner's Appendix of Exhibits, Exh. A.) The Deed was secured by real property located at 19006 Belshaw Ave., Cars...

Excerpt: ...for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and f...

Excerpt: ...is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The operative First Amended Complaint alleges as follows. The Rahban family owns three commercial properties in the Los Angeles area. (FAC ¶ 1.) Defendant Farhad “Frank” Rahban (“Defendant”), until recently, managed all three properties. (FAC ¶ 2.) Defendant misused the properties' funds for his own personal benefit. (FAC ¶ 2.) He also misused the companies...

Excerpt: ...nd do so under Code of Civil Procedure section 581(c)? Nominal Defendant 10801 National, LLC's Motion to Dismiss Derivative Claims in Plaintiff's Second Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The operative Second Amended Complaint alleges as follows. Nominal Defendant 10801 National LLC (“National”) was formed to control real property at 10801 National Boulevard, Los Angeles, Californ...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of insurance policy. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Plaintiff”) had an insurance policy with Defendant Tokio Marine America Insurance Company (“Defendant.”) (Compl. ¶ 7.) The policy compensated direct physical loss to Plaintiff's Property by a covered peril. (Ibid.) Plaintiff hired non-party Build a Dream Construction (“BAD”) to build a deck on his proper...

Excerpt: ...or breach of contract. The Complaint alleges as follows. Plaintiff 608 Mateo, LLC (“Mateo”), as lessor, and Defendants Arts District Patient Collective, Inc. (“ADPC”) and James Shaw (“Shaw”), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but...

Excerpt: ...DENIED. FACTUAL BACKGROUND This is an action for legal malpractice. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Linda Whitcombe (“Whitcombe”) filed a personal injury lawsuit following an injury in October 2011. (SAC ¶ 6.) On March 30, 2017, Whitcombe's attorney (non-Defendant John Howard) (“Howard”) referred the case to Defendant David Raphael Olan at the Olan Law Corporation (collectively, “Olan”. (SAC ¶ ...

Excerpt: ...UND This is a discrimination and wage/hour action. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Salvador Orozco (“Plaintiff”) was hired by Defendant Landscape Development, Inc. (“Defendant”) as a foreman in March of 2013. (FAC ¶ 9.) While working for Defendant, Plaintiff was regularly denied his due meal and lunch breaks, was required to work overtime hours without compensation, and was asked to purchas...

Excerpt: ... Demurrer to all Causes of Action in the First Amended Complaint is OVERRULED. Defendants Lara Sinitsin and Del Sol Property Management, Inc.'s Motion to Strike Portions of the First Amended Complaint is PARTIALLY GRANTED AND PARTIALLY DENIED. FACTUAL BACKGROUND This is a breach of contract, breach of fiduciary duty, and contractual fraud action. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Encino Newcastle Home...

Excerpt: ...liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various products and machines as a Machinist that caused him to be exposed to toxins, fibrogens, or carcinogens during the course of his employment. (SAC ¶ 30.) The exposure to these substances caused toxic injury to Decedent, ultimately leading to his death. (SAC ¶ 30.) Defendants are suppliers, distributors, and/or...

Excerpt: ...GA action. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked;...

Excerpt: ...eges fraudulent transfers meant to circumvent enforcement of said prior judgment. On September 27, 2021, Plaintiff bow Tie Realty & Investment, Inc. (“Plaintiff”) filed the instant action's Complaint against defendants Chung Soonkyo, LLC, Comet Hyesung, LLC, and Caroline S. Lee (collectively, the “Defendants”), alleging causes of action for (1) Declaratory Relief; (2) Fraudulent Transfer; (3) Civ. Code section 3412; and (4) Aiding and Abe...

Excerpt: ... LLC's Motion for Summary Adjudication of Plaintiff's Claim for Punitive Damages is GRANTED. FACTUAL BACKGROUND This is an action for wrongful termination. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Christian Cruz (“Plaintiff”) was hired by Defendant fusionZONE Automotive, LLC (“Defendant”) in April of 2017. (FAC ¶ 11.) Defendant is a website developer that creates digital dealership websites for car manufactur...

Excerpt: ...ESTMENT, LLC'S FIRST AMENDED CROSS-COMPLAINT Cross-Defendant CSE Safeguard Insurance Company's Demurrer to Cross- Complainant Dek Loma Investment, LLC's First Amended Cross-Complaint is SUSTAINED. FACTUAL BACKGROUND This is an action for insurance coverage. The Complaint alleges as follows. Plaintiff CSE Safeguard Insurance (“CSE”) issued a commercial liability insurance policy to Defendant Dek Loma Investment, LLC (“Dek Loma”) in connect...

Excerpt: ...UND This is an action for Fraudulent Conveyance. The Complaint alleges as follows. Plaintiff Shahrokh Mokhtarzadeh (“Plaintiff”), a law firm, represented Defendant Elnaz Houshmand Naghasan (“Defendant” or “Elnaz”) in her divorce proceedings from August 2015 to May 2017. (Complaint ¶ 7.) Defendant has not paid Plaintiff for services rendered and owes Plaintiff over $714,000.00. (Compl ¶ 8.) Throughout the course of the proceedings, t...

Excerpt: ...GA action. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked;...

Excerpt: ...RANTED. FACTUAL BACKGROUND This is an action for breach of an insurance policy and breach of contract. The Complaint alleges as follows. Plaintiff Airborne Wireless Network (“Plaintiff) entered into a contract with Defendant ViaLight Communications GMBH (“ViaLight”) to purchase two laser-based communication terminals, which are designed and/or manufactured by Defendant Mynaric Lasercom GMBH (“Mynaric”). (Comp. ¶¶ 14- 15.) Plaintiff th...

Excerpt: ...mployed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked; 3. Failure to Pay Overtime Compensation; 4. Failure to...

Excerpt: ... on the face of the pleading itself without consideration of any extrinsic evidence. With very limited exceptions, none of which are applicable to this demurrer, defendant may not challenge the factual allegations in the complaint nor raise new factual matter. Instead, a demurrer makes the assertion that even if all of the facts alleged in the complaint are true, the plaintiff still loses. See, Serrano v. Priest (1971) 5 Cal.3d 584, 591: “We tr...