Excerpt: ...thereafter experienced unrepaired problems, such as with air conditioning system failure, display issues, and squeaking brakes. MP Positions Moving party requests an order compelling arbitration, and staying this action, on grounds including the following: · Plaintiff entered into a Retail Installment Sales Contract (“Sales Contract”) that contained a broad arbitration provision. · Nissan may enforce the Arbitration Provision pursuant to th...

Excerpt: ...a wet floor of a restaurant and grocery store called Super Tiendas La Tapachulteca, at 6569 Van Nuys Blvd., Van Nuys, and has obtained a judgment in a prior action, which he has been unable to enforce, due to a fraudulent conveyance. On 3/11/21, Plaintiff filed motion for leave to file a First Amended Complaint, adding two defendants. MP Positions Moving party requests an order compelling further responses to special interrogatories, and to docum...

Excerpt: ...ir dangerous habitability violations, including water bug infestation, mold contamination, dysfunctional plumbing systems, dysfunctional electrical systems, improper fire protection systems, and improper ventilation, which caused Plaintiff to experience immense stress, anxiety, depression, fearfulness, worry, loss of appetite, loss of sleep, nightmares, disgust, shame, and embarrassment. The causes of action are: 1. VIOLATION OF CALIFORNIA CIVIL ...

Excerpt: ...ANTS as an Accounting Manager on or about August 23, 2019. 10. Approximately five months into her employment with ENTITY DEFENDANTS, PLAINTIFF was consistently deprived of her due meal periods, as they were frequently interrupted. PLAINTIFF complained to ENTITY DEFENDANTS about these problems, but nothing was done to remedy them. 11. PLAINTIFF is of European descent and her skin color is white. During her employment with ENTITY DEFENDANTS, PLAINT...

Excerpt: ... and they the connection between Plaintiff's injury and employment. On 10/23/19, Plaintiff filed a motion for leave to file a First Amended Complaint, adding alleged Labor Code violations. MP Positions Moving party requests an order imposing sanctions, and quashing or modifying Deposition Subpoenas for the Production of Business Records to Berkshire Hathaway Homestate Insurance Company (motion, Exhibit A), Hefley Law, APC (Exhibit B), Oak River I...

Excerpt: ...ment when she intended to disclose Pacific's COVID-19-related conduct to the California Labor Board. The causes of action are: 1) WHISTLEBLOWER RETALIATION IN VIOLATION OF LABOR CODE 1102.5 2) RETALIATION IN VIOLATION OF LABOR CODE 98.6 3) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY-TAMENY CLAIM 4) FAILURE TO PROVIDE REST BREAKS 5) FAILURE TO PAY OVERTIME 6) FAILURE TO PROVIDE ACCURATE WAGE STATEMENT 7) VIOLATION OF UNFAIR COMPETITION LAW....

Excerpt: ...g on his vehicle is disliked, officers of the City of Burbank, without prior notice, have seized and impounded motor vehicles owned, possessed, or used, by plaintiff, for purported violations of the 72-hour parking restrictions in Burbank Municipal Code §6-1-1010. The causes of action are: 1. DECLARATORY AND INJUNCTIVE RELIEF RE VEHICLE CODE PREEMPTION OF CITY ORDINANCE. 2. DECLARATORY AND INJUNCTIVE RELIEF RE VIOLATION OF CALIFORNIA DUE PROCESS...

Excerpt: ...ession, and stole, destroyed and disposed of plaintiffs' personal property there. The causes of action are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests an OSC hearing re contempt, and issue (precluding damages proof), and monetary ($2,260.00), sanctions, against nonparty SOUTHERN CAL WELLNESS CENTERS, INC. (SCWC) and Plaintiff SERGIO MORALES, on grounds including the following: · On July 12, 2022, the Court ordered...

Excerpt: ...of their owned home, but failed to pay for a significant portion of the construction work. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT 2. REASONABLE VALUE OF WORK 3. FORECLOSURE OF MECHANICS LIEN. On 8/3/20, Cross-Complaint was filed by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. On 8/24/22, defendants filed a motion seeking to amend def...

Excerpt: ...undance of caution, had waited until the Covid-related eviction moratorium ended. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff is inappropriately seeking to collect Rent, as defined in the Lease, in violation of Section 49.99.3 of the City of Los Angeles Ordinance No. 186606, entitled Prohibition on Commercial Evictions, which states, “[d]uring the Local E...

Excerpt: ... and conflicts of interest, and refusing to pay monetary severance pay and to deliver stock options. The causes of action are: 1. BREACH OF EMPLOYMENT AGREEMENT 2. WRONGFUL TERMINATION 3. INDUCING BREACH OF CONTRACT. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on grounds including the following: · The only cause of action against SRAX – inducing breach of contract – is based solely on t...

Excerpt: ...A, INC. and YOUNG HAN KIM, entered into a written contract for a business loan, but defendants subsequently breached by failure to make payments, causing damages in the sum of $133,150.89. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · The almost 50 percent interest rate exceeds the 10% maximum interest rate permitted under Article XV, section 1 of the California Const...

Excerpt: ...ENTATION 3. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 4. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 5. NEGLIGENT MISREPRESENTATION 6. NEGLIGENT MISREPRESENTATION 7. NEGLIGENT MISREPRESENTATION 8. NEGLIGENT MISREPRESENTATION 9. UNJUST ENRICHMENT 10. NEGLIGENCE 11. NEGLIGENCE 12. UNJUST ENRICHMENT 13. BREACH OF CONTRACT 14. BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 15. BREACH OF THE COVENANT OF G...

Excerpt: ...s action. On 1/6/21, plaintiffs CASEY FATCH and ALEXANDER YU filed a Second Amended Complaint alleging that Defendant VASQUEZ & COMPANY LLP (employer's outside auditor) failed to properly investigate fraud and misconduct of CENTRAL CITY COMMUNITY HEALTH CENTER, INC. (e.g., theft of public funds), and issued an incorrect audit opinion in September 2017, as to which plaintiffs, as corporate officers and whistleblowers, had provided plentiful contra...

Excerpt: ...other charges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) MP Positions Moving party requests prejudgment interest in the amount of $16,036...

Excerpt: ...g nails and asbestos), those conditions lasted unrepaired for 5 months, and the bedroom ceiling collapsed on them while sleeping in bed, notwithstanding plaintiffs' repeated complaints to the owner and manager defendants. The causes of action are: 1. NEGLIGENT BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 2. INTENTIONAL BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 3. NUISANCE (NEGLIGENT); 4. NUISANCE (INTENTIONAL); 5. NEGLIGENCE; 6. INTENTIO...

Excerpt: ...tiff Summary On 11/8/21, Plaintiff filed a Complaint. On 3/15/22, Plaintiff filed a First Amended Complaint alleging: Plaintiff is an association of Hispanic/Latinx families having developmentally disabled children entitled to state-funded services, under the Lanterman Developmental Disabilities Services Act. Welf. & Inst. Code §§ 4500 et seq. Defendants Department of Developmental Services Director Nancy Bargmann (DDS) and Harbor Developmental...

Excerpt: ...“MBUSA”), LAD-MB, LLC d/b/a Mercedes-Benz of Los Angeles, and Carwell, LLC d/b/a Mercedes-Benz of South Bay (“MBSB”). The Complaint sets forth allegations that, on January 5, 2021, Plaintiff purchased a 2020 Mercedes-Benz CLA 250, which included express warranties regarding the utility and performance of the subject vehicle. It is further alleged that the subject vehicle was delivered to Plaintiff with defects and nonconformities and/or d...

Excerpt: ...stance decedent required with eating and drinking inabilities caused by dementia, and decedent's condition deteriorated due to hypoxemic respiratory failure, pneumonia, and Covid, leading to death “from extreme respiratory infection/syndrome and other injuries… (e.g., Complaint, ¶¶ 44 -50, 54-55). The causes of action are: 1. ELDER ABUSE AND NEGLECT (WELF. 8 INST. CODE, 515600, ET SEQ.) 2. VIOLATION OF PATIENT RIGHTS (HEALTH & SAFETY CODE $...

Excerpt: ...n documents that Plaintiff ADINA ZAHARESCU signed with NEW HAVEN FINANCIAL, INC., was to finance the acquisition of a Chatsworth Property. The security interest was based on forged changes in the Note and Deed of Trust that she executed on December 29, 2005, as part of the loan documents for the Chatsworth Property transaction, which never closed with NEW HAVEN, but instead with another lender. On or about July 7, 2008, timely, within three years...

Excerpt: ...ing by fraud. Plaintiff successfully obtained summary judgment in an unlawful detainer action, based upon having a lease with an option to purchase, at 2115 N. Upper Krest St., Los Angeles, CA 90046. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (DMIF) had foreclosed on a second deed of trust. Also, Defendant PETER DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using ...

Excerpt: ...12, Los Angeles, owned by Defendant LOS FELIZ BLISS LLC, and initially managed by Defendant SUREN SINGH doing business as MONDIAL PROPERTIES, including Addendum #3 providing for $8,220.00 rent paid through January 31, 2021. In or about May 2020, the owner, and successor manager APARTMENT MANAGEMENT CONSULTANTS LLC (AMC) changed the locks on the apartment, to prevent Plaintiff's reentry, and also disposed of his personal property. The causes of ac...

Excerpt: ... managed the property, and, in order to profit off of low-income tenants, and to pressure them to vacate, notwithstanding the tenants' repeated complaints to them and government, defendants intentionally refrained from sufficiently repairing dangerous conditions including cockroach infestation, black widow infestation, mold contamination, dysfunctional plumbing systems, deteriorated carpeting, inoperable heater, improper weatherproofing, and miss...

Excerpt: ...taliated with pretexts and adverse working conditions, after Plaintiff reported a safety issue, and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETAL...

Excerpt: ...n authorized upon contemnors. In re Abrams (1980) 108 Cal. App. 3d 685, 691.). No Opposition MP: Plaintiff RP: Summary On 02/07/19, Plaintiff Tatsu Ramen, LLC filed the instant action against Defendants Juan Carlos Rivas, Ryutaro Isobe, B&B International, LLC, Wakou USA, Inc., and Mutual Trading Company, Inc. Plaintiff alleges that defendants conspired to grossly overcharge plaintiff for sauces it purchased from defendants. Plaintiff operates res...