Excerpt: ...PORATION OF CALIFORNIA, and CALEX ENGINEERING, INC. RP: Plaintiffs Summary Plaintiff filed the Second Amended Complaint on 2/3/21, regarding separately filed wrongful death lawsuits that arise out of the same double fatal pedestrian accident. 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...

Excerpt: ...ophic injury, causing subsequent death, while under the care of Defendant, A PLACE FOR ROVER, INC. MP Positions Applicants from Washington State request orders granting permission to appear pro hac vice, on grounds including the following: · The applicants are in good standing with the Bar of Washington. · The applicants have not been suspended or disbarred in any court. · The applicants have not regularly engaged in substantial business, prof...

Excerpt: ...by the so-called victim of a sex crime. The causes of action are: 1. RACIAL DISCRIMINATION 2. FAILURE TO PREVENT DISCRIMINATION AND/OR WORKPLACE HARASSMENT 3. DEFAMATION. On 8/9/20 the Court entered an order pertaining to the Appellate Court's Writ of Mandate that this case will not proceed as to dismissed FEHA claims, but will as to defamation. MP Positions Moving party requests the Court to grant judgment on the pleadings, as to the Complaint, ...

Excerpt: ...12 Fiat 500 Sport, which was manufactured by Defendant, suffers from widespread defects, including engine defects, and Defendant has been unable to repair within a reasonable number of attempts. MP Positions Moving party requests the Court to award attorneys' fees, costs and expenses, in the total amount of $120,210.70, on bases including the following: · Plaintiff accepted defendants' Section 998 offer to settle for $18,000 in damages, to compe...

Excerpt: ..., for the sale of Defendant's 2/3 interest in the property located at 8210-8214 Sunset Boulevard, Los Angeles. (Complaint, ¶ 7). On May 19, 2017, Torres entered into an Indemnity Agreement with Holloway Partners, because it knew of potential litigation by David Kermani, who was previously under contract with Torres to purchase the same Property interest, but could not close on his purchase. (Complaint, ¶ 8; Ex. “A”). The Indemnity Agreement...

Excerpt: ...olations, and discriminated and harassed on the basis of her age, sex/gender, and/or perceived disability. The causes of action are: 1) HARASSMENT BASED ON AGE; 2) HARASSMENT BASED ON SEX/GENDER; 3) HARASSMENT BASED ON PERCEIVED DISABILITY; 4) RETALIATION IN VIOLATION OF PUBLIC POLICY; 5) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 6) VIOLATION OF CALIFORNIA LABOR CODE SECTION 204(A) (FAILURE TO PAY ALL WAGES ON DESIGNATED PAYDAYS); 7) VIOLATIO...

Excerpt: ...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. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLI...

Excerpt: ... substandard renovations done by the individual defendant and co- defendants. Also, allegedly, Plaintiff's real estate agent, Defendant MARINE MAKARYAN, breached her duty of care, by failing to conduct basic research into city records pertaining to the failure of construction defendants to obtain the relevant legal permitting to conduct the substandard renovations, and failing to conduct a basic inspection or investigation of the property. The ca...

Excerpt: ...-Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted ...

Excerpt: ...urchased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following: · GM has not produ...

Excerpt: ...individuals, and/or substantially younger individuals. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests summary judgme...

Excerpt: ...auses 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 ENVIRONMENT IN VIOLATION OF GOVT. CODE §12940 ET SEQ. 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; and 10. UNFAIR COMPETI...

Excerpt: ...k, and the vehicle has had unrepaired defects, including electrical, transmission and exterior. 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 parties request an order compelling Defendant's further responses to Special Interrogatory Nos. 62-65, 68, 74-77...

Excerpt: ...ble to repair to conform to the warranty, after a reasonable number of repair attempts and negligence. 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. NEGLIGENT REPAIR. MP Positions Moving parties request an order compelling arbitration, on grounds including the following: · This entire case should be ordered to arbitration pursuant to the Ar...

Excerpt: ...Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, HILDA DALLAL and MARK DALLAL, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity, contribution, and declaratory relief. The DALLALS allege that 1 O...

Excerpt: ...t 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 constructiv...

Excerpt: ...t arise out of the same double fatal pedestrian accident. 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 7/16/2...

Excerpt: ...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. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLIGENCE 9. LO...

Excerpt: ...uccessfully 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 CLE CAPITAL PARTNERS LLC ...

Excerpt: ...ODE § 52.4) 3. VIOLATION OF THE RALPH ACT (CIV. CODE § 51.7) 4. SEXUAL ASSAULT 5. BATTERY 6. ASSAULT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The entire Complaint is barred by the statute of limitations (California Code of Civi1 Procedure § 335.1 ("Within two years: An action for assault, battery, or injury to, o...

Excerpt: ...ding because: 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...

Excerpt: ...ld 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, CIVIL CODE § 1790, ET SEQ; 5. VIOLATION OF BUSINESS AND PR...

Excerpt: ...Complaint. On 2/16/22, Plaintiff filed a Second Amended Complaint, alleging that it relied on Defendants landlord's and representatives' representations, including in the Site Plan, that the lower level of the commercial property was 4,086 square feet, in agreeing to lease it for a dance studio, but Plaintiff would not have signed the lease, if defendants had disclosed the unprofitably small size of the property. The causes of action are: (1) FRA...

Excerpt: ...ls. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests terminating sanctions against Plaintiff, on bases including the f...

Excerpt: ... Plaintiff 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 NUIS...