Excerpt: ... in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, and granting the motion to strike, on bases includin...

Excerpt: ...in breach of the warranty of habitability, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28/20, defendants, as self-represented litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-co...

Excerpt: ...luding that, plaintiffs are entitled to various security interests, and damages, related to business loans made, and that, about September 10, 2015, as an inducement to plaintiffs to grant financial accommodations to non-party, 450 5. Western, LLC, individual defendants executed written guaranty agreements, as to obligations of that non-party. The causes of action are: 1. BREACH OF WRITTEN GUARANTY AGREEMENT 2. BREACH OF WRITTEN GUARANTY AGREEMEN...

Excerpt: ...tion 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson saw a doctor for ...

Excerpt: ...O CODE OF CIVIL PROCEDURE SECTION 597; OR, IN THE ALTERNATIVE, IN LIMINE, TO EXCLUDE EVIDENCE RELATING TO DOE DEFENDANT ROBERT WADE LOHMAN AS BARRED BY THE STATUTE OF LIMITATIONS. Notice: Okay Opposition MP: DOE NO. 1 Defendant ROBERT WADE LOHMAN RP: Plaintiff Summary On 3/18/19, Plaintiff MATTHEW BOELK filed a Complaint against Defendant LAURA CHAMBER, alleging: 9. Plaintiff is informed and believes and thereupon alleges that in or about 11 Sept...

Excerpt: ...horized resident Gabriela Borchardt, contend that Plaintiff is in breach of the warranty of habitability, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28/20, defendants, as self-represented litigants, filed a Cross-Complaint alleging t...

Excerpt: ...MENTS (SET ONE). MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS FOR DEFENDANT'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS AND NOT DEEM MATTERS ADMITTED. MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE). MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE). Notice: Okay Opposition MP: Defendant Plaintiff RP: Plaintiff Defendan...

Excerpt: ...d rest periods), and provisions of Labor Code section 226. The Causes of Action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k); 4. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCE...

Excerpt: ...cess or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. The causes of action of the Complaint are: 1. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(m) [FAILURE TO ACCOMMODATE DISABILITY] 2. VIOLATIONS OF CALIFORNIA GOVERNMENT CODE §12940(n) [FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS] AGAINST ALL DEFENDANTS 3. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(a) [DISABILITY DISCRIMINATI...

Excerpt: ... her promises of selling residential property-- 3870 Clinton Street, Los Angeles, California 90004. On 2/21/20, Plaintiff filed an application for publication, which was approved by the Court on 4/13/20. On 9/15/20, a Request for Entry of Default was filed. On 2/8/21, a Default Judgment was issued by the Court, ordering that Defendant VIRGINIA shall specifically perform under the terms of the Agreement and sign all necessary documents and complet...

Excerpt: ...ent to the jury, in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: ·...

Excerpt: ...ty, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28/20, defendants, as self-represented litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-complaints, having unrepaired habitabilit...

Excerpt: ..., owned as Plaintiff's separate property prior to the parties' marriage, was a transfer made without consideration to the Plaintiff and to the community 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 reconsideration of orders made 7/26/2021, granting Plaintiff Margarita Rosiak's Moti...

Excerpt: ...e for Plaintiff investing money. The causes of action are: MP Positions Moving parties request an order sustaining the demurrer to the Causes of Action of the First Amended Complaint, on bases including the following: · Contract Breach: Plaintiff fails to identify the parties to each contract, the basic terms of these contracts, or whether they are oral, written, or implied in fact. It is unclear how many agreements are alleged to have been made...

Excerpt: ...P: 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 restaurants that serve ramen noodles and related food products. Plaintiff alleges that Defendant ...

Excerpt: ...f, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (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 ...

Excerpt: ... infestations, under the ownership or management of defendants. MP Positions Moving party requests a protective order limiting the 360 Requests for Admissions, Set One, and Form Interrogatories, Set One, propounded by Plaintiffs, or a 120-day extension to respond. The motion is based on grounds including the following: · The discovery propounded is overly burdensome and oppressive insofar as it is vague, ambiguous, and calls for legal contention...

Excerpt: ...e corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: · Plaintiff attempts to bring an action...

Excerpt: ...., alleging that Defendant breached “Wayfarer Subcontract,” including by failing to complete work, and failing ailing to timely compensate its vendors and employees. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT (442 OCEAN PROJECT) 2. BREACH OF CONTRACT (WAYFARER PROJECT) 3. BREACH OF CONTRACT (207 E. SEASIDE PROJECT) 4. INTENTIONAL MISREPRESENTATION (442 OCEAN PROJECT) 5. INTENTIONAL MISREPRESENTATION (WAYFARER PROJECT) 6. INTE...

Excerpt: ...N (CAL. GOV'T CODE § 12940(A)); 2. FAILURE TO ACCOMMODATE (CAL. GOV'T CODE § 12940(M)); 3. FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS (CAL. GOV'T CODE § 12940(N)); 4. RETALIATION UNDER FEHA (CAL. GOV'T CODE § 12940(H)); 5. FAILURE TO PREVENT DISCRIMINATION (CAL. GOV'T CODE § 12940(K)); 6. INTERFERENCE UNDER CFRA (CAL. GOV'T. CODE § 12945.2(Q)); 7. RETALIATION UNDER CFRA (CAL. GOV'T. CODE § 12945.2(K)); AND 8. WRONGFUL TERMINATION IN VIOLA...

Excerpt: ...laint alleging: Mrs. Lam “was found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvi...

Excerpt: ...comfortable working for UNIFIRST as a result of RUVALCABA's harassment, and due to UNIFIRST's inaction and failure to accommodate. The causes of action are: 1. BATTERY; 2. ASSAULT; 3. SEXUAL BATTERY (CIVIL CODE§1708.5); 4. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 6. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 7. FAILURE TO PREVENT DISCRIMINATION, HARASS...

Excerpt: ... on April 28, 2017, after being directed by the Court in a pending partition action between the same parties, to prepare an order, Defendant Michael Schwimer, forged onto the minute order additional sanctions that had not been ordered by the Court. The order containing the forged additional provision added by Defendant was void the instant the Court signed the forged order. On 8/9/21, plaintiffs filed a request for dismissal of this entire action...

Excerpt: ... Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (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...

Excerpt: ...ril 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 10/6/21, the Court of Appeal summarily denied, the unopposed petition for writ of mandate filed on August 16, 2021, by Defendant LA...