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...

Excerpt: ...e to comply. The property involved is a mobilehome and the action is governed by Civil Code § 798 et seq., the Mobilehome Residency Law. Defendant filed two answers, both filed December 17, 2019. (Defendant had been defaulted and moved to vacate the default and judgment. That motion was granted on December 17, 2019, and trial was scheduled for December 23, 2019.) On December 23, 2019 the matter was called for trial and Defendant filed his Motion...

Excerpt: ... of action and is uncertain. “In particular, the FAC is fatally defective in that it is not verified as required by law, fails to correctly identify the plaintiff and plaintiff's capacity, and the underlying notice misstates the amount due and was not properly served.” (Demurrer P&As pg. 2:15-17.) A general demurrer tests the legal sufficiency of the allegations of the complaint. A demurrer must be based on defects that appear on the face of ...