Excerpt: ... PENN- STAR INS. CO. wrongfully denied coverage under its insurance policy, after doing various bad faith insurance practices. Additionally, the individual defendants allegedly leased an uninhabitable residence to Plaintiff. The causes of action are: (1) BREACH OF CONTRACT; (2) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; (3) NEGLIGENT MAINTENANCE OF PROPERTY; (4) TRESPASS; (5) FRAUD OR DECEIT; (6) NEGLIGENT MISREPRESENTATION; (...

Excerpt: ...which Defendant has been unable to repair within a reasonable time, but Defendant failed to repurchase it, in willful violation of Song-Beverly Consumer Warranty Act. MP Positions Moving party requests an order compelling Defendant to serve further responses, as to Plaintiff's Request for Production of Documents (Set One), Nos. 4-8, 10-12, 13-16, 20, 22-27, 28-29, 31, 33, 37-55, on grounds including the following: · Plaintiff's motion seeks thre...

Excerpt: ...Breaches of Mandatory Duties, and Intentional Infliction of Emotional Distress, alleging: The action arises out of defendants not verifying with accuracy the Abstract of Judgement. Correctional Case Records violated the law, and issued Plaintiff two Terrorist Threats charges of crimes of punishment, not listed as crimes for punishment on Abstract of Judgment. On 5/5/22, Plaintiff filed a motion for leave to file a proposed Fourth Amended Complain...

Excerpt: ...o question witnesses about exorbitant fees, and failing to raise defenses to show a void fee agreement. The causes of action are: 1. PROFESSIONAL MALPRACTICE 2. BREACHES OF FIDUCIARY DUTIES. Cross-Complaint filed 6/12/20, by Defendant against Plaintiff, alleging that Plaintiff failed to pay for all billed attorney services. Cross-Complainant's claims are: 1. BREACH OF CONTRACT 2. BREACH OF IMPLIED CONTRACT 3. QUANTUM MERUIT 4. OPEN BOOK ACCOUNT 5...

Excerpt: ...Act of 1986, California Health & Safety Code ("HSC") § 25249.5, et seq. ("Proposition 65"), regarding exposure to Di(2- Ethylhexyl)phthalate ("DEHP"), in Sports Armbands. MP Positions Moving party requests an order approving a consent judgment pursuant to Proposition 65, on bases including the following: First, the injunctive relief complies with Proposition 65 because Defendant shall not sell in California or offer for sale in California any Co...

Excerpt: ...ter KI HO YANG began heating Defendant's manufactured “Plasti Dip,” to rubber coat a customer's vehicle tires, the bottom of it exploded into flames, causing third-degree burns to about eighty-four percent of his body. The causes of action are: 1. STRICT PRODUCT LIABILITY - HAZARDOUS MATERIAL 2. STRICT PRODUCT LIABILITY - COMPONENT PART FAILURE 3. STRICT PRODUCT LIABILITY - MANUFACTURING DEFECT 4. STRICT PRODUCT LIABILITY - DESIGN DEFECT 5. S...

Excerpt: ...MPANY (AGLIC), and others. On 7/17/20, plaintiffs filed a First Amended Complaint, alleging defendants refuse to pay under the terms of insurance policies issued to P.F. Chang's, in connection with P.F. Chang's claim for coverage of losses it has incurred as a result of the SARS-CoV-2 pandemic, including orders preventing the use of physical premises that P.F. Chang's relies on to conduct its business. MP Positions Defendant moves for judgment on...

Excerpt: ...protect Californians from unknowing exposures to Di(2-ethylhexyl) phthalate (“DEHP”) and Diisononyl phthalate (“DINP”), coming from Cosmetic Bags, Tissue Holders, and Tape Measure, all which require a Proposition 65 warning. MP Positions Moving party requests an order to approve and enter a proposed consent judgment, on grounds including the following: First, the injunctive relief complies with Proposition 65 because Defendant shall not o...

Excerpt: ...laintiff and self-represented Defendants are adjacent property owners in the Hollywood Hills, and Defendants continue to interfere with Plaintiff'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 NUISAN...

Excerpt: ...related claims, arising out of a written one-page partnership agreement entered into in 2011, between Plaintiff and the decedent DARLENE UPCHURCH-FRIEDMAN, providing Plaintiff with a 30% ownership interest in specified real property. MP Positions Moving parties request an order expunging Plaintiff's recorded lis pendens encumbering 5112- 5118 W. Jefferson Blvd., Los Angeles, and awarding $14,955 in attorneys' fees, on grounds including the follow...

Excerpt: ...t. Allegedly, plaintiffs 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. On 7/16/21, Defendant/Cross-Complainant LOS ANGELES UNIFIED SCHO...

Excerpt: ...ended Complaint. On 5/5/22, Plaintiff filed a motion for leave to file a proposed Fourth Amended Complaint , attached to the motion, alleging: The action arises out of defendants not verifying with accuracy the Abstract of Judgement. Correctional Case Records violated the law, and issued Plaintiff two Terrorist Threats charges of crimes of punishment, not listed as crimes for punishment on Abstract of Judgment. The cause of action is: INTENTIONAL...

Excerpt: ...t while Plaintiffs remained. The causes of action are: 1. NUISANCE 2. NEGLIGENCE 3. BREACH OF IMPLIED WARRANTY OF HABITABILITY 4. VIOLATION OF CIVIL CODE 789.3 5. VIOLATION OF CIVIL CODE 1940.2 6. VIOLATION OF CIVIL CODE 1942.4. MP Positions Moving party requests an order taxing or reducing plaintiffs' memorandum of costs filed 1/24/22, in the total amount of $3,124.20, on bases including the following: · Plaintiffs' Abstract of Judgment was not...

Excerpt: ...d the Request for Dismissal. · The legal assistant erroneously marked the case as settled, and provided a dismissal request, which counsel signed without reading. · The case is not really settled. The parties only agreed on damages, but not attorney fees and costs. · Moving counsel never wanted this case dismissed. RP Positions Opposing party advocates denying, for reasons including the following: · The filing of the Request for Dismissal on ...

Excerpt: ...lainant XIUYUAN HU withdrew $13,314.16 total 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 fa...

Excerpt: ...ior position or a comparable position, and by terminating her employment before she was scheduled to return to work.” (First Amended Complaint, ¶ 17.) The cause of action is: 1) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY. MP Positions Moving party requests an order striking allegations of punitive damages, on grounds including the following: · Plaintiff's FAC states nothing but an alleged violation of public policy based on Defendant'...

Excerpt: ...ut defendants only paid $2,500, leaving a balance due of $46,015.50. The causes of action are: 1. BREACH OF CONTRACT 2. BOOK ACCOUNT 3. GOOD SOLD AND DELIVERED. On 4/28/20, Cross-Complainant, ANTOINE SIMON a.k.a TONY SIMON d/b/a JEWELRY BY TONY, filed a Cross-Complaint against Plaintiff, and others alleging that Cross-Defendant CVD breached a fraudulent, oral promise that, if Cross-Complainant purchases diamonds from CVD, Cross-Complainant would ...

Excerpt: ...and put liens on Plaintiff's residential property, even though Plaintiff had exercised her right, pursuant to Paragraph 24 of a Residential Lease with Option, to cancel the agreement within 14 days, as partly resolved by a settlement agreement. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF GOOD FAITH AND FAIR DEALING 3. BREACH OF CALIFORNIA BUSINESS & PROFESSIONAL CODE SEC. 17200, ET SEQ 4. FALSE ADVERTIZING 5. FRAUD BY INTENTIONAL...

Excerpt: ... a Fourth Amended Complaint, alleging that Defendant SETERUS, INC. breached a trial payment plan, by denying a loan modification, and proceeding with foreclosure on her home, based on the incorrect ground that Plaintiff did not make the December 2014 payment. Co-Defendant NATIONSTAR MORTGAGE, LLC is the surviving entity after defendants merged. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAI...

Excerpt: ...Central Registration Depository record. MP Positions Petitioner requests an order confirming an arbitration award, on grounds including the following: · On February 3, 2022, FINRA issued and served a written decision in full and final resolution of Petitioner's expungement request. · As provided in FINRA Rule 12904(b), the Arbitration Award is final. Tentative Ruling The unopposed petition is granted. FINRA Rule 2080(a) “recognizes the right ...

Excerpt: ...efendants acted without probable cause in filing an underlying action, as there was no reasonable possibility that said action could have resulted in a finding that LONG owed money to SAFI, because actually SAFI borrowed money from LONG. The causes of action are: 1. MALICIOUS PROSECUTION 2. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 3. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 4. ELDER ABUSE. MP Positions Moving Defendant requests an order con...

Excerpt: ...EVEN TULUMELLO. Summary On 7/3/19, Plaintiff filed a Complaint alleging that Plaintiff was a non-exempt employee working as server for defendants committing various wage-and-hour violations, and the individual owner defendant sexually harassed Plaintiff. The causes of action are: (1) FAILURE TO PROVIDE MEAL PERIODS; (2) FAILURE TO PROVIDE REST PERIODS; (3) FAILURE TO PAY OVERTIME; (4) FAILURE TO PAY ALL WAGES; (5) FAILURE TO PAY WAITING TIME PENA...

Excerpt: ...petitioners allegedly sustained property damage and personal injury in a multi- vehicle accident in August 2019, involving a car owned or driven by the Lunas respondents, added as DOE amendments, after the petitioners' depositions were taken. MP Positions Moving party requests an order granting judgment on the pleadings as to the Complaint, on grounds including the following: · Each Amendment to the Complaint – Fictitious Name, filed by the Pe...

Excerpt: ...use: He exercised his statutory rights and took approved leave to attend to his disabled son's healthcare needs; he provided testimony in a co-worker James Pearl's FEHA discrimination, harassment and retaliation jury trial; City management had racial animus towards Chicano employees; he obtained employee signatures on a petition to management seeking to promote qualified Chicano employees based upon merit; he reported manager's orders to commit c...

Excerpt: ...L PRIVILEGED DOCUMENTS IN THEIR POSSESSION AND THE POSSESSION OF DEFENDANT'S EXPERTS; (4) ENTRY OF AN ORDER SEALING RECORDS CONTAINING PRIVILEGED. Notice: Okay Opposition MP: Plaintiff RP: Defendant Summary On 11/22/17, Plaintiff filed a Complaint alleging that, as a result of inadequate supervision by Defendants, cracked asphalt caused Plaintiff to trip, fall and strike her head, resulting in a traumatic brain injury and other injuries. The caus...