Excerpt: ...parties requests an order sustaining the demurrer to the First Amended Complaint regarding Intentional Infliction of Emotional Distress, and granting the motion to strike punitive damages, and ratification allegations, on bases including the following:  Intentional Infliction of Emotional Distress is unsupported.  The FAC alleges no facts indicating Defendant misrepresented Plaintiff's employment status at the time they updated his employme...

Excerpt: ...HE10 (“USB”). JOINDER OF MORTGAGE GUARANTY INSURANCE CORPORATION TO DEFENDANT U.S. BANK NATIONAL ASSOCIATION'S DEMURRER TO COMPLAINT. RP: Plaintiff Summary On 3/10/21, Plaintiff JERRILYNN ROBERSON, a self-represented litigant, filed a Complaint, alleging that defendants ERIC MICHAEL PONY and LIFETIME FINANCIAL, INC. engaged in a predatory lending scheme to cheat homeowners like Plaintiff out of substantial home equity, by enticing homeowners ...

Excerpt: ...ecame the Chief Deputy City Attorney in 2006, Plaintiff's performance while working as a Deputy City Attorney became falsely and unfairly handled based on the pretext of poor work performance, leading to years of retaliation for Plaintiff's complaints, harassment (e.g., yelling, defamation, ridicule, bias against Plaintiff, and profanity), criticisms of Plaintiff's childcare needs, disproportionate assignments and disciplines, wrongful terminatio...

Excerpt: ...inancing commitment, and pay a two-percent success fee to Plaintiff, if any senior secured debt financing was closed during Plaintiff's exclusive period to obtain such financing. The causes of action are: (1) BREACH OF CONTRACT (2) FRAUD – FALSE PROMISE (3) INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS (4) NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS (5) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING. MP Posit...

Excerpt: ... a First Amended Complaint, alleging that Defendant CLEAN UP AMERICA, INC. (CUA) failed to pay all sums due for professional waste transportation services, in a project, and defendants MERCO, LLC and/or CAL-DORAN REL ESTATE, INC. are the owners of the subject real property. Those causes of action are: 1. BREACH OF WRITTEN CONTRACT 2. COMMON COUNTS. On 6/26/20, Plaintiff filed a request for dismissal of Plaintiff's entire action, filed 6/26/20. On...

Excerpt: ...terior. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving party requests an order granting judgment on the pleadings as to the Complaint, on grounds including the following:  Standing: The Song-Beverly Act establishes that Ordonez is not a “buyer” wit...

Excerpt: ...alance owed. The causes of action are: 1. BREACH OF CONTRACTS; 2. OPEN ACCOUNT; 3. ACCOUNT STATED; 4. GOODS SOLD AND DELIVERED (QUANTUM VALEBANT); 5. CONVERSION; 6. CLAIM AND DELIVERY; 7. PROMISE WITHOUT INTENT TO PERFORM; 8. INTENTIONAL MISREPRESENTATION; 9. NEGLIGENT MISREPRESENTATION; 10. FRAUDULENT TRANSFERS/CONVEYANCES/CONSPIRACY TO DEFRAUD, AND TO SET ASIDE OR ANNUL FRAUDULENT TRANSFERS/CONVEYANCES; 11. FRAUDULENT TRANSFERS/ CONVEYANCES, AN...

Excerpt: ... filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIATION 5. REDRESS DISCRIMINATION DUE TO ASSOCIATION 6. ...

Excerpt: ...ant ROUTE 66 POST ACUTE LLC, where she worked as a dietary aid, until August 2019, representing a class of approximately 357 current and former nonexempt hourly employees, asserting Defendant is liable for (1) failing to provide rest periods; (2) failing to provide uninterrupted, 30-minute minimum first and second meal periods; (3) failing to timely pay all wages owed; (4) failing to provide accurate payroll records; and (5) engaging in unlawful ...

Excerpt: ...fined in terms of the court's loss of ability to grant effective relief.” Breaux v. Agricultural Labor Relations Bd. (1990) 217 Cal. App. 3d 730, 743. Collateral Estoppel - Affirmative Defenses Of Estoppel (7th), Unclean Hands (8th), Breach Of Contract/Excuse (10th), Comparative/Contributory Fault (15th), Indemnity/Contribution (17th), And Offset/Setoff (22nd). The issues in the earlier proceedings were in very different procedural and legal co...

Excerpt: ...iff can perform job), 3 (whether Plaintiff was retaliated against before a delayed transfer accommodation), 6 (whether Defendant retaliated or engaged in interactive process and reasonably accommodated, by medical leave, in questioning the disability, delaying Workers' Compensation benefits, and removing Plaintiff's police powers and equipment), 7 and 24 (whether Defendant denied reasonable accommodation after requested return to work), 19-22 (wh...

Excerpt: ... are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the failure to provide for previously school-arranged crossing guards for student safety on particularly dangerous streets near the school, at a time a substitute crossing guard was needed. MP Positions Moving party requests an order sustaining the demurrer to the Second Amende...

Excerpt: ...ity property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoena to Chase Bank, and awarding discovery sanctions ($3,540), on bases including the following: 1. Defendant failed to serve on Ms. Vargas and Plaintiff a notice to consumer and a copy of...

Excerpt: ...rate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing entity's religion, and that Plaintiff hacked Defendant's email and was engage...

Excerpt: ...ns to Plaintiff, and from Defendant's intentional misclassification of Plaintiff as an independent contractor, working in property management. MP Positions Moving party requests the Court to enforce the discovery order of 9/2/20, and to impose $6,246.15 sanctions, on grounds including the following:  Defendant was ordered to produce all financial records reflecting revenues and expenses pertaining to specific properties Plaintiff alleges he br...

Excerpt: ...e, CA 91733. Chan alleged that Defendants were the landlords and he was the tenant at the property, and that Defendants breached the warranty of habitability by leasing the property to Chan. The complaint alleged causes of action for: 1) FRAUD BY INTENTIONAL MISREPRESENTATION; 2) PERSONAL INJURIES BASED ON NEGLIGENCE (Civ. Code §§ 1714(a), 3333); 3) RETROACTIVE RENT ABATEMENT; 4) BREACH OF IMPLIED WARRANTY OF HABITABILITY; 5) NEGLIGENT MAINTENA...

Excerpt: ... 3. FRAUD 4. COMMON COUNT OF MONEY HAD AND RECEIVED. On 4/19/21, Plaintiff filed a Request for Dismissal of Defendant, Soli Besharat. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on bases including the following:  There is no corporation named Soli Architectural Services, Inc., and so a defect or misjoinder of parties exists, and the Court should sustain Defendant's Demurrer as to Plaintiff's entire com...

Excerpt: ...rth Mentor Avenue, Pasadena, and the City filed the operative Second Amended Complaint to permanently enjoin Defendants from operating unlawful and unlicensed cannabis dispensaries and to abate these dispensaries as nuisances per se Judgment on the pleadings against defendants was entered on 3/23/21. MP Positions Moving party requests attorneys' fees, on grounds including the following:  The City is entitled to recovery of its reasonable attor...

Excerpt: ...provisions, by withholding rent and other payments, under the pretext of a pandemic, whereas their employees continued to occupy the leased premises. The causes of action are: 1. BREACH OF CONTRACT 2. ANTICIPATORY BREACH OF CONTRACT. On 2/24/21, Defendant EDLIO, LLC filed a Cross-Complaint against Plaintiff, including allegations that the lessor's failure to provide improved air conditioning for inhibiting the Covid- 19 virus caused constructive ...

Excerpt: ...ntiff Summary On 3/10/20, Plaintiff FRANCI ZALON filed a Complaint alleging that, Defendant, a Homeowners Association, failed to repair moisture intrusions and flooding, defective water proofing and defective structural components of the common areas, at Whitsett Court Condominiums, where Plaintiff is an owner of a condominium unit. The causes of action are: 1. BREACH OF GOVERNING DOCUMENTS (BYLAWS/CC&RS) - CAL. CIV. CODE §§4775, 5975) 2. NEGLI...

Excerpt: ...t alleging that Defendant, doing business as “Ganas,” sold Plaintiff a 2009 GMC Sierra, in poor mechanical condition, and not really adequately inspected as part of its certification process, as advertised on its website. The causes of action are: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE § 1750, ET SEQ; 2. FRAUDULENT MISREPRESENTATION; 3. NEGLIGENT MISREPRESENTATION; 4, VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT,...

Excerpt: ...ons that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach of contract because the insurer failed to pay $131,863.63 in repairs to the contracting insured Cross-Complainant, for the insured vehicle, following an automobile collision. M...

Excerpt: ...s, under the pretext of a pandemic, whereas their employees continued to occupy the leased premises. The causes of action are: 1. BREACH OF CONTRACT 2. ANTICIPATORY BREACH OF CONTRACT. On 2/24/21, Defendant EDLIO, LLC filed a Cross-Complaint against Plaintiff, including allegations that the lessor's failure to provide improved air conditioning for inhibiting the Covid- 19 virus caused constructive eviction, and having claims for: 1. RESTITUTION B...

Excerpt: ...MP Positions Moving party requests an order compelling Defendant's further responses to Plaintiff's Request for Production of Documents numbers 30-33, and awarding $2,310 in sanctions, on bases including the following:  The requests seek documents and evidence describing or tracking repairs related to various consumer complaints from the same make, model, and year as Plaintiff's vehicle, which are relevant to prove a violation of the Song-Beve...

Excerpt: ...iff's recorded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE. On 2/19/19, defendants filed a First Amended Cross-Complaint against Pla...

Excerpt: ...ked asphalt caused Plaintiff to trip, fall and strike her head, resulting in a traumatic brain injury and other injuries. The causes of action are: (1) NEGLIGENCE (Cal. Gov. Code § 815.2, 820(a)) (2) NEGLIGENT SUPERVISION (Cal. Education Code § 44807) (3) DANGEROUS CONDITION OF PUBLIC PROPERTY (Cal. Gov. Code § 835). Positions Defendant requests the Court to deem waived privileged documents, on bases including the following:  Plaintiff's ex...

Excerpt: ...is a convicted felon, (2) served 15 years in prison, (3) dealt crack cocaine, (4) possessed illegal guns and (5) threatened to kill a real estate agent. The causes of action are: 1. DEFAMATION; 2. RALPHS CIVIL RIGHTS ACT (VIOLATION OF CAL. CIV. CODE § 51.7); 3. BANE ACT (VIOLATION OF CAL. CIV. CODE § 52.1); 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 5. INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS; 6. INTENTIONAL INTERFERENCE WITH P...

Excerpt: ...er derivative action, as majority shareholder and President of The Palms Restaurant, Inc., arising from wrongful actions of defendants, as shareholders, JOEL FLORIAN and YADIRA FLORIAN. The causes of action are: (1) BREACH OF DUTY OF PRUDENCE & GOOD FAITH-GROSS MISMANAGEMENT-CORPORATE WASTE (2) BREACH OF FIDUCIARY DUTY OF LOYALTY — CONVERSION (3) REMOVAL OF DIRECTORS, CORP. CODE SECTION 304 (4) DECLARATORY RELIEF (5) FAILURE TO PRODUCE CORP., C...

Excerpt: ...deling 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. A Cross-Complaint was filed, on 8/3/20, by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. Another Cross-Complaint was filed, on 4/27/21, b...

Excerpt: ...ality of its cultivating and selling marijuana. The elements of a claim for are: 1. BREACH OF CONTRACT 2. BREACH OF PERSONAL GUARANTEE 3. BREACH OF FIDUCIARY DUTY 4. FRAUD ' 5. CONVERSION 6. INTERFERENCE WITH CONTRACTUAL RELATIONS 7. CONSPIRACY/CONVERSION 8. REFORMATION ' 9. INTENTIONAL AND NEGLIGENT MISREPRESENTATION. MP Positions Moving party requests an order granting partial judgment on the pleadings, as to fraud and negligent misrepresentati...

Excerpt: ...e partitioned, because of disputes as to how best to administer the Property and lease it out, after defendants breached an oral agreement, they confirmed by letter, by not fully paying rent, while living there for years, MP Positions Moving party requests an order sustaining the demurrer, and granting the motion to strike, on bases including the following:  Statute of Limitations: Plaintiff's cited authorities for characterizing the October 2...

Excerpt: ... in flipping a condominium project, but instead converted the funds to their own use, thereby causing Plaintiff to lose $2,585,858.33, and other investors to lose tens of millions of dollars. The causes of action are: 1. FRAUD 2. BREACH OF FIDUCIARY DUTY 3. DISSOLUTION OF CORPORATION 4. ACCOUNTING. On 6/16/20, defaults were entered against defendants. MP Positions Moving party requests an order vacating default, under CCP Section 473.5, on ground...

Excerpt: ...rable reverse shifting. MP Positions Moving party requests an order compelling Defendant to serve further responses to form interrogatory 12.1, on grounds including the following:  The instructions on the first page of the official form interrogatories specifically identify the term "INCIDENT" is to be applied to the injury date or, the breach of contract, or the "set of circumstances" leading up to the dispute. This is a breach of warranty ca...

Excerpt: ...nsmission, control system, and inoperable reverse shifting. MP Positions Moving party requests an order compelling Defendant to serve further responses to requests for production of documents nos. 1-3, 9, 13-17, 34-48, on grounds including the following:  Defendant's responses are incomplete, evasive, and its effort to point to select documents in lieu of producing all responsive documents was ineffective.  Plaintiffs seek to evidence that ...

Excerpt: ...SURANCE CO.; and SURETEC INSURANCE COMPANY; and BRADLEY C. CHAPMAN. RP: Plaintiff Summary On 7/30/20, Plaintiff filed a Complaint. On 12/4/20, Plaintiff filed a First Amended Complaint, alleging that defendants refused to turn over to Plaintiff money due and owing as payment for work done installing equipment for William S. Hart Union High School District, and Inglewood Unified School District. The causes of action are: 1. BREACH OF CONTRACT; 2. ...

Excerpt: ...aintiff TRICOAST BUILDERS, INC. filed a Complaint alleging that it has not been fully paid for a work authorization agreement and home improvement agreement, after fire damage caused to the individual owner defendants' home. The causes of action are: 1. BREACH OF OBLIGATION TO PAY MONEY 2. BREACH OF WRITTEN CONTRACT 3. FORECLOSURE OF MECHANIC'S LIEN 4. REASONABLE VALUE OF LABOR AND MATERIALS FURNISHED. On 5/2/19, the Court entered judgment in fav...

Excerpt: ...MP Positions Moving party requests an order compelling Defendant's further responses to Plaintiff's Request for Production of Documents numbers 30-33, and awarding $2,310 in sanctions, on bases including the following:  The requests seek documents and evidence describing or tracking repairs related to various consumer complaints from the same make, model, and year as Plaintiff's vehicle, which are relevant to prove a violation of the Song-Beve...

Excerpt: .../21/20, Plaintiff filed a First Amended Complaint alleging: In and around January 15, 2019, Kwon withdrew approximately $442,244.43 from the Lightspeed accounts, leaving a balance of $340,613 in the Lightspeed accounts. This was not Kwon's money, nor had Cho provided Kwon with any authority to remove these funds. Cho confronted Kwon about the withdrawals and he apologized to Cho by text, agreeing to return the money that he had withdrawn from the...

Excerpt: ...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. A Cross-Complaint was filed, on 8/3/20, by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. Another Cross-Complaint was filed, on 4/27/21, by GMP ASSOCIATES, INC....

Excerpt: ... employment, on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of changes in work procedures. Defendants subjected Plaintiff to a deliberate course of harassment, deme...

Excerpt: ...CLAUDIA YUN KANG OH, FRANK OH, THOMAS OH. Summary On 5/28/20, Plaintiffs filed a Complaint alleging the following: After agreeing to a partnership agreement, Defendant J. SUH– an experienced real estate broker and manager of commercial properties– breached an agreement to perform the duties of managing, engaged in converting funds for personal use, and fraudulently induced plaintiffs to sell their ownership interests by communicating substant...

Excerpt: ...her separate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing entity's religion, and that Plaintiff hacked Defendant's email and wa...

Excerpt: ...L 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 contrary proof to Defendant, which caused the corporate bad actors to remain in power, to fire plaintiffs in March 2017, and plaintiffs not to be later reinstated. The causes of action are: 1. INTENTIONAL INTERFERENCE WITH PROSPECTIVE E...

Excerpt: ...that if they invested $100,000, then they would (i) receive a level of mentorship and coaching that had “literally never been done before,” including access to exclusive in-person events held at various high-end venues throughout the country, (ii) be “guaranteed” to receive a significant return on the $100,000 investment, and (iii) have the right to receive a refund. The causes of action are: (1) BREACH OF CONTRACT (2) UNJUST ENRICHMENT (...

Excerpt: ...iled a First Amended Complaint. On 2/25/20, plaintiffs filed a motion for leave to file a Second Amended Complaint, alleging that plaintiffs entered into written contracts to provide wound care services for patients at Defendant's hospital, and after a contract terminated on June 30, 2017, defendants acquired possession of all of plaintiffs' trade secrets and confidential information. The causes of action of the Second Amended Complaint are: 1) B...

Excerpt: ...otal from bank accounts that Defendant orally agreed were her separate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing entity's re...

Excerpt: ...employment, after he requested owed wages. The causes of action are: 1. FAILURE TO PAY OVERTIME; 2. FAILURE TO PAY FOR REST PERIODS NOT PROVIDED; 3. FAILURE TO PAY FOR MEAL PERIODS NOT PROVIDED; 4. FAILURE TO PAY MINIMUM WAGE; 5. WAITING TIME PENALTIES; 6. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 7. HOSTILE WORK ENVIORNMENT IN VIOLATION OF GOVT. CODE §12940 ET SEQ. 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 9. NEGLIGENT INFLICTI...

Excerpt: ...nting Plaintiff exclusive rights to proprietary custom spice blends, formulations and recipes, in growing the business called “San Pedro Fish Market,” including by interfering with Plaintiff's business arrangements, and reneging on compensation agreements. The causes of action are: 1. BREACH OF ORAL CONTRACT 2. TORTIOUS INTERFERENCE WITH WRITTEN CONTRACT OR PROSPECTIVE BUSINESS ADVANTAGE 3. NEGLIGENT INTERFERENCE WITH PROSPECTIVE BUSINESS ADV...

Excerpt: ...er, including based on Plaintiff's medical conditions related to pregnancy justifying reasonable accommodations. The causes of action are: (1) DISCRIMINATION ON THE BASES OF SEX, PREGNANCY, DISABILITY, ASSOCIATIONAL DISABILITY, CFRA LEAVE, REQUEST FOR ACCOMMODATION IN VIOLATION OF FEHA (GOV. CODE § 12900, ET SEQ.); (2) RETALIATION IN VIOLATION OF FEHA (GOV. CODE § 12900, ET SEQ.); (3) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA...

Excerpt: ...n investing member, but, in a conspiracy with other defendants, concealed self- dealing in buying and selling real properties, and in assigning membership interests and misrepresenting profits and amounts due for distributing. The causes of action are: 1. INTENTIONAL CONCEALMENT 2. CONSPIRACY 3. BREACH OF CONTRACT 4. BREACH OF FIDUCIARY DUTY 5. ACCOUNTING. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Co...