Excerpt: ...itration hearing before the Hon. Jacqueline Connor with ADR Services, Inc. [Ex.1]. The Settlement provides for payment of $100,000 plus Petitioner's ADR Services Arbitration Fees [$20,950], reduced by $25,000 if Respondents made timely payments of $75,000 plus Arbitration Fees by July 1 [Ex.1]. ADR Services, Inc. charged Petitioner and Respondents equally for Arbitration fees of $20,950. Because Respondents paid only $75,000 by July 1, Respondent...

Excerpt: ...laims be stayed pending the arbitration. Plaintiff Maribel Martinez (Plaintiff) does not dispute that the agreement exists or that the arbitration agreement is enforceable. Instead, Plaintiff's opposition hinges on whether a particular clause in the arbitration agreement would require both the individual and non-individual PAGA claims to be heard in court. Defendant disagrees with Plaintiff's interpretation of the agreement. The following is the ...

Excerpt: ...f Defendants. He claims that the 4 year statute of limitations ran. He also seeks injunctive relief. Plaintiff's complaint pleads that he was personally responsible for four promissory notes as part of a forgivable advance with Defendants. Under the terms of the promissory notes, if Plaintiff left Defendants' broker-dealer group, this would result in an acceleration of the notes with the lump sum of any debt remaining being due immediately. On or...

Excerpt: ...meruit for services rendered, (3) account stated, (4) book account, and (5) fraud. These causes of action arise out of Shahili's alleged breach of a retainer agreement with Cross-Defendant's law offices for failure and refusal to pay outstanding legal services fees and costs. The current iteration of Shahili's is Cross-Complaint is her Second Amended Cross-Complaint (SACC), filed on June 20, 2023. In the SACC, Shahili alleges five causes of actio...

Excerpt: ...his relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted.” (See detailed discussion below.) Self-represented Defendant Miguel A. Lopez (Defendant) filed this motion to set aside/vacate default on August 9, 2023, pursuant to CCP § 473(b). Defendant argues that the default should be set aside because of mistake, inadvertence, surprise, or excusable negl...

Excerpt: ... lacks personal jurisdiction over Defendant. Defendant is a wholesale distributor formed and headquartered in New Jersey. Defendant argues that it lacks sufficient minimum contacts with California for the Court to exercise general jurisdiction over Defendant and that Defendant has not purposefully availed itself of forum benefits for specific jurisdiction to exist. Plaintiff argues in its opposition that California courts would have general and s...

Excerpt: ...ndants on May 22, 2023. The Complaint alleges 14 causes of action related to Plaintiff's tenancy at a property owned and/or managed by Defendants. The causes of action to which Defendants have demurred are Plaintiff's Second Cause of Action for Tortious Breach of the Warranty of Habitability and Plaintiff's Sixth Cause of Action for Breach of Covenant of Quiet Enjoyment. Plaintiff's complaint alleges that there were several issues with habitabili...

Excerpt: ...Angeles County MTA (Defendant) for the usage of the Tap App. Plaintiff's Second Amended Complaint (SAC) does not include the specific terms of the agreement or have the agreement attached to the SAC. It does, however, include quotes from a string of emails that are purported to be about the TAP app, though there is no specific indication from the quoted emails that any kind of formal agreement was entered. No causes of action are indicated in the...

Excerpt: ...he Complaint identifies causes of actions as (1) Failure To Pay Wages And Overtime Wages In Violation Of Labor Code § 204, 510, 1194 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Rest Periods In Violation Of Labor Code § 226.7 (4) Failure To Furnish Accurate Itemized Wage Statement In Violation Of Labor Code § 226 (5) Failure To Provide Final Wages At Separation In Violation Of Labor...

Excerpt: ...tional capital contribution. Defendant has demurred on the basis that Plaintiff's claims fail to allege facts sufficient to maintain causes of action against Defendant. Plaintiff's First Amended Complaint (FAC) has alleged three causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. Defendant has demurred to all of Plaintiff's causes of action. Plaintiff alleges that...

Excerpt: ... at issue in this case. Defendant argues that she signed the loan agreement on behalf of her LLC, The Ghaoui Group, LLC, and not as an individual. Plaintiff Craig Caces argues that his Complaint and its attachments sufficiently show that Defendant was a party to the relevant contract for purposes of a motion for judgment on the pleadings for the breach of contract claim. Further, he argues that Defendant is liable for the fraud cause of action be...

Excerpt: ...ts of the County of San Bernardino. Plaintiffs allege in their initial complaint that the incident giving rise to the complaint occurred in Chino Hills, which is in San Bernardino County. (Compl., p. 5.) Defendant Andrew Paul Brown is alleged to be an employee of the County of San Bernardino. Defendants filed their motion for change of venue on July 17, 2023. Defendants make their motion for change of venue pursuant to CCP §§ 395 and 397. Their...

Excerpt: ... The Court also ordered Defendant to pay $1,350.00 in sanctions on that date. Plaintiff indicates that Defendant has failed to pay those sanctions as well. Plaintiff James Cheung (Plaintiff) filed this motion on August 16, 2023 seeking terminating sanctions. In Defendant's opposition, filed on September 5, 2023, she indicates that she served response to Plaintiff's Form Interrogatories on September 1, thus rendering Plaintiff's motion “moot.”...

Excerpt: ...g ZO's responses, Plaintiff sent a meet and confer letter to ZO outlining the alleged deficiencies in ZO's responses, including that the objections to the requests lacked merit, were evasive, or were not code compliant. A mere t two days after sending this letter, Plaintiff filed the instant motion. That facts, without more, strongly suggests that there was no intent to meet and confer in good faith. In ZO's opposition, it indicated that since Pl...

Excerpt: ...RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay in full invoices for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 1.) RLoom has filed a SACC alleging that Limelight was charging excessive prices for low quality garments and delivered defective goods. Further, RLoom is alleging that its employee, Sylvia Huynh, had c...

Excerpt: ...een causes of action related to Plaintiff's employment with Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Timothy Boykin, came to her home after work hours and had sexual intercourse with her while she was intoxicated and incapacitated. (Comp., ¶¶ ...

Excerpt: ...change the judgment is in the relatively recent past. (See Minute Order Oct. 21, 2022, “The Court declines to execute the “Proposed Judgment” or “Proposed Post-Judgment.” The Court has denied prior requests to execute these judgments for reasons detailed in the Court's most recent order. Alvin and Judith offer no new grounds for Department 1 to enter the requested judgment(s). The Court will summarily deny future meritless requests for ...

Excerpt: ... their water on and off as needed to prevent unnecessary leakage. Plaintiffs thereafter reported the damage to State Farm. (UMF 2.) On March 23, 2020, a State Farm Claim Representative, Katz, came out to see the damage and take photographs. (UMF 4.) State Farm identified the cause of the leak as a pinhole leak in the cold water supply. (UMF 5.) On April 9, 2020, State Farm issued a denial of claim letter, which stated that the cause of the damage...

Excerpt: ...nancies, injuries, or caring for her partner after he had a surgery. Plaintiff's complaint is alleging that her employment was terminated due to disability discrimination because she kept taking leaves of absence for injuries. Defendant alleges that during the COVID-19 pandemic, it began suffering from financial problems due to rent not being paid and having empty apartments at its various properties. Though it received two PPP loans totaling $16...

Excerpt: ...) denied Plaintiffs' insurance claim after their home was burglarized. Defendant has demurred on the basis that Plaintiffs' claims fail to allege facts sufficient to maintain causes of action against Defendant and because Plaintiffs' claims are contractually time-barred. Plaintiffs have alleged seven causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) Unfair Business Practices violat...

Excerpt: ...tiff David Joe (Plaintiff). The arbitrator awarded attorney's fees in the amount of $220,817.00 to Plaintiff. The motion is based on the grounds that: (1) the Arbitrator and the arbitration provider, JAMS, exceeded their authority under the law, the rules that the parties agreed would apply, and this Court's order of January 13, 2021 by requiring Defendants to pay for the all of the Arbitrator's fees; (2) the Arbitrator exceeded her authority by ...

Excerpt: ...he parties in January 2023. Under that agreement, Respondents were to pay $100,000 plus the ADR/Arbitration services fees. Importantly, if the payment was made by July 1, 2023 the payment was to be only $75,000 plus the ADR fee. (Motion, Ex. 1.) If Respondents timely paid, then they would not have to pay an extra $25,000. Importantly, the agreement does not specify how much the ADR services fees were. The parties agree that Respondents paid $75,0...

Excerpt: ...Current Electric (Current) to engage in electrical installation at the worksite. During construction, Satila allegedly stopped paying for Current's materials, which led Plaintiff Walters Wholesale Electric Co. (Walters Wholesale) to file the Complaint against Current. Current then filed a Cross-Complaint against Satila, which then filed the present cross-complaint against Current. Satila's First Amended Cross-Complaint (FACC) has six causes of ac...

Excerpt: ..., Plaintiff signed a written Arbitration Agreement in connection with his employment, in which it was agreed that he would arbitrate disputes related to his employment. (Wartenberg Decl., Ex. B.) The Arbitration Agreement indicates that it will be subject to the JAMS Employment Arbitration Rules & Procedures (Wartenberg Decl., Ex B, at p. 3, ¶ 2) Based on this, Defendant has moved to compel arbitration, claiming that Plaintiff's claims are arbit...

Excerpt: ... Civ. Code § 2923.6, (2) violation of the covenant of good faith and fair dealing, (3) violation of California Business and Professions Code § 17200 et seq and § 17500 et seq. The basis of Plaintiffs' Complaint is that they were in the process of seeking a home loan modification with Defendant and had even filed a complete application for loan modification, when Defendant began the process to sell the house via a Trustee Sale. Plaintiffs alleg...