Excerpt: ...mended Complaint, alleging: This action for negligence and strict liability arises out of an incident that occurred on December 26, 2015. Oleg Alexandrov was driving east on the 10 Freeway approaching Crenshaw Blvd and downtown Los Angeles. Marianna Alexandrov was sitting in the passenger seat while their two young grandchildren were passengers in the rear seats. Mr. Alexandrov was driving a Toyota Ray 4 in the number two lane of travel. Mr. Alex...

Excerpt: ... 51 Eucalyptus trees that are actually attractive and desirable, and not really dangerous, diseased or unhealthy, as the Association claims. On 11/2/22, Plaintiff filed a request for dismissal of the entire action. MP Positions Moving party requests an order awarding $11,991.70 in attorneys' fees against Plaintiff, on grounds including the following: · The defense litigation objective here was to defeat the imposition of an injunction preventing...

Excerpt: ...ly touching, adverse employment actions, discrimination, harassment and retaliation, based on gender, Plaintiff was forced to resign. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF FEHA 2. FAILURE TO PREVENT DISCRIMINATION (FEHA) 3. HARASSMENT IN VIOLATION OF FEHA 4. FAILURE TO PREVENT HARASSMENT IN VIOLATION OF FEHA 5. RETALIATION IN VIOLATION OF FEHA 6. FAILURE TO PREVENT RETALIATION (FEHA) 7. RETALIATION IN VIOLATION OF LABOR CODE...

Excerpt: ...nt, alleging: For years, defendants have been trying to drive Plaintiff out of her leased premises, including 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 assign...

Excerpt: ...ing him, or putting him in handcuffs, and pointing a gun at him. The causes of action are: 1. UNLAWFUL SEARCH AND SEIZURE IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 - FOURTH AMENDMENT 2. DENIAL OF EQUAL PROTECTION IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 - FOURTEENTH AMENDMENT 3. VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 - SUPERVISORY LIABILITY 4. VIOLATION OF CAL. CIVIL CODE § 52.1 (B) - BANE ACT ...

Excerpt: ...make Plaintiff angry, and some unknown people in the community engaged in terrorism. Plaintiff requests the complaint allegations be forwarded to the F.B.I. if this case is denied. No causes of action are stated. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · TELECARE CORPORATION is a California corporation that is a health care provider for mental health services for s...

Excerpt: ... GENERAL MOTORS (Defendant) regarding a 2018 Chevrolet Malibu, which had nonconformities remaining unrepaired after a reasonable number of attempts. MP Moving parties request an order compelling Defendant to provide further responses to and overrule Defendant's objections to Plaintiffs' First Set of Requests for Production of Documents (Requests), and awarding $2,685.00 sanctions, on grounds including the following: · Defendant provided inadequa...

Excerpt: ...cing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WORK ENVIRONMENT (CAL. GOV. CODE § 12940(J)) 2) DISCRIMINATION (CAL. GOV. CODE § 12940(A)) 3) RETALIATION FOR OPPOSING DISCRIMINATION AND HARASSMENT (CAL. GOV. CODE § 12940(H)) 4) WRONGFUL CONSTRUCTIVE TERMINATION IN VIOLATION OF PUBLIC P...

Excerpt: ... in the amount of $27,290.00. The causes of action are: 1. FORECLOSURE OF MECHANIC'S LIEN; 2. BREACH OF WRITTEN CONTRACT; 3. COMMON COUNTS; 4. UNJUST ENRICHMENT; 5. STATUTORY PROMPT PAYMENT PENALTIES. On 6/30/20, defendants filed a Cross-Complaint. On 9/21/22, defendants filed a First Amended Cross-Complaint against plaintiffs and others, alleging that plaintiffs did substandard remodeling work on defendants' residence. Those Causes of Action are...

Excerpt: ...age-and hour violations. The causes of action are: 1. FAILURE TO PAY MINIMUM WAGE (Cal. Lab. Code S 1197), 2 FAILURE TO CONIPENSATE FOR ALL HOURS WORKED (Cal. Lab. Code S 1198); 3. FAILURE TO PAY OVERTIME CONIPENSATION (Cal. Lab Code 1198); 4. FAILURE TO PAY NEAL PERIOD COMPENSATION (Cal. Lab. Code S 226.7), FAILURE TO PAY REST PERIOD COMPENSATION (Cal. Lab. Code 226.7); 6. FAILURE TO FURNISH ACCURATE WAGE AND HOUR STATEMENTS (Cal. Lab. Code S 22...

Excerpt: ...uted a frivolous lawsuit against her: a former employee of defendants: for purposes of retaliating and preventing her from exercising her rights to freedom of speech and to petition the Court with a case for wrongåul employment termination, and defendants ultimately dismissed their case. The causes of action are: 1 _ WRONGFUL USE OF CIVIL PROCEEDINGS/ WLALICIOUS PROSECUTION 2 ABUSE OF PROCESS MP Positions Moving party requests an order compellin...

Excerpt: ...position MP: Plaintiff RP: Defendant Summary On 10/18/21, PlaintiffLMARCENE IRIGOYEN filed a Lemon Law Complaint alleging that Plaintiffs purchased 2020 Cadillac XTS vehicle has knoun defects involving the infotainment and backup camera systems, which Defendant has been unable to repair within a reasonable time, but Defendant failed to repurchase it: in Ivillftl violation of Song-Beverly Consumer Warranty Act. MP Positions Moving party requests a...

Excerpt: ...of providing reasonable accommodations, like part-time work from home, and Defendant assened the pretext of needing a frill-time employee. The causes of action are: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICIES. MEDICAL LEAVE RETALIATION. MEDICAL LEAVE DISCRIMINATION RETALIATION FOR REQUESTING AND USING ACCOMMODATIONS 4. FOR DISABILITIES. . FAILURE TO ENGAGE IN A TINIELY, GOOD FAITH, INTERACTIVE PROCESS TO DETERMINE REASONABLE ACCOMMODATIO...

Excerpt: ...nts BECKMAN, BURRELL HYNES: NATIONAL and EVENTUS: including as managers and membership interest owners of plaintiffs, through their mutual and continuing scheme, including under- reporting residual income of plaintiffs and over-reporting operating expenses, stole all assets of plaintiffs: and 50% of Plaintiff LAW's ownership interest therein, in violation of operating agreements and in breach of related covenants of good faith and fair dealing. T...

Excerpt: ...de Carport Number 1 : or Plaintiff wants at least S 1 Cuco to cover losses, instead of the $20,000.00 Defendant attempted to provide. The causes of action are: BREACH OF CONTRACT _ . NEGLIGENCE MP Positions Moving parties request an order sustaining the demurrer to the Complaint: and granting the motion to strike allegations regarding attorneys fees, on grounds including the following: The contract claim is uncertain. It is impossible for these d...

Excerpt: ...inimum wages, and failed to maintain records. MP Positions Moving parties request an order compelling Plaintiff into arbitration staying or dismissing the proceedings, on grounds including the following: Plaintiff signed a completely optional arbitration agreement, February 7: 2022: which requires him to submit any disputes related to his employment to individual arbitration. Plaintiff voluntarily agreed to pursue any claims on an individual basi...

Excerpt: ...nt: as insurer, asserted boilerplate exclusionary language related to workers compensation benefits, only as to Plaintiff MORALES, yet policy proceeds were not timely paid to SULAHIAN, nor was there any explanation as to why policy limits were not tendered to him. Defendants have not provided any analysis, investigation: or legal and/or factual analysis as to the preliminary determination of the required employee/employer relationship required un...

Excerpt: ... pretext of employees ' sexual harassment complaints: whereas it was actually because he reported to a Human Resources manager that his supervisor was smoking marijuana during work hours at work _ The causes of action are: 1. RETALIATION IN VIOLATION OF LABOR CODE 1102.5 2 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 3 _ UNLAWFUL DENIAL OF REASONABLE ACCOLWv10DATION OF A DISABILITY 4. FAILURE TO ENGAGE IN TIIMELY: GOOD FAITH, INTERACTIVE PR...

Excerpt: ...AY REGULAR WAGES AND MINIMUM WAGES IN VIOLATION OF LABOR CODE 1194, 201, 218.5 (2) FAILURE TO PAY PAID TILME OFF ("PTOS") IN VIOLATION OF LABOR CODE S 227.3 (3) FAILURE TO REIMBURSE BUSINESS EXPENDITURES IN VIOLATION OF LABOR CODE 2802 (4) FAILURE TO PROVIDE ACCURATE WAGE STATEMENTS IN VIOLATION OF LABOR CODE 226 (5) LIQUIDATED DAMAGES IN VIOLATION OF LABOR CODE S 1194.2 (6) WAITING TILME PENALTIES IN VIOLATION OF LABOR CODE 201 AND 203 (7) RETAL...

Excerpt: ... a 2015 Dodge Journey which has unrepaired issues, including engine, HVAC and electrical. MP Positions Moving party requests an order compelling Defendant's ftlther document responses and production, on grounds including the following: Service of some supplemental responses after the motion was filed, does not fully resolve the motion. Plaintiff would still entitled to an order. Defendant FCA failed to fflther verified, Code-compliant responses: ...

Excerpt: ...laintiff filed a First Amended Complaint: alleging that defendants wrongftlly terminated his employment, based on age discrimination: and fraudulently induced Plaintiffto sign a severance agreement: release: and illegal noncompetition agreement prohibiting work for Porsche: which he did not fully understand due to limited fluency in English, because of high- level management' s repeatedly stating that the agreement Ivas drafted to mean that Plain...

Excerpt: ...ract: (2) Breach of Implied Warranty of Habitability/Tenantability: (3) Breach of Implied Warranty of Quiet Enjoyment: (4) Negligence, (5) Nuisance (Private), and (6) Retaliatory Acts (Violation of Califomia Civil Code 1942_5)_ On 11/15/22, Defendants filed the instant motion to strike punitive damages from Plaintiffs Complaint. On 12/14/22, Plaintiff filed an opposition and on 3/9/23 Defendants replied. MP Positions Plaintiff moves the Coun to s...

Excerpt: ...TS AND DEFENDANTS' COUNSEL IN THE AMOUNT OF S: 225 OO Notice. Okay Opposition MP: Plaintiff RP: Defendant Summary On 2/24/21, Plaintiff EILEEN TAHNLAZIAN filed a Complaint On 5/24/21 Plaintiff filed a First Amended Complaint: alleging that defendants caused adverse employment actions and urongful employment termination, based on Plaintiff s age, race, disability, color, and/or national origin The causes of action are: (1) DISCRIMINATION (AGE: RAC...

Excerpt: ...rate wage statements. MP Positions Moving party requests an order compelling Plaintiff s Complaint into arbitration, staying this action, and dismissing the representative claims: on grounds including the following: Individual PAGA claims can be compelled to arbitration and once compelled, PAGA claims brought on behalf of other individuals must be dismissed. Viking River Cmises, Inc. v. Moriana (2022) 142 S_Ct_ 1906. Plaintiff, a former employee ...

Excerpt: ...staining the demurrer to the Complaint, on grounds including the following Without a copy of any evidence of the property transfer to Plaintiff the Complaint fails on the grounds it is ambiguous whether Plaintiff actually has standing to sue. Plaintiff attached a lease agreement to the Complaint which names another Lessor than Plaintiff Though Plaintiff asserts they are the successor in interest to the at-issue lease agreement, Plaintiffhas faile...

Excerpt: ...t, vehicle recalls: check engine light illuminating: engine concerns: transmission concerns, vehicle operability concerns, electrical concerns, engine misfiring, vehicle backup light tuming blue, rear doors not opening or closing, multiple windows unable to open or close, abnormal clunking sound while putting vehicle in driwe, rear and driwer side doors not locking or unlocking: inoperable radio Wüme controls, solid black infotainment screen whe...

Excerpt: ...: and was fired on 9/13/22 upon discovery _ The causes of action are: 1 BREACH OF CONTRACT 2 FRAUD COUNT ONE 3 VIOLATION OF CALIFORNIA PENAL CODE 484 4 CONVERSION-COUNT ONE BREACH OF FIDUCIARY DUTY 6 CONSTRUCTIVE FRAUD 7 ENBEZZLEMENT 8 FRAUD-COUNT TWO 9 CONVERSION-COUNT TWO O FRAUD-COUNT THREE 11. CONVERSION-COUNT THREE 12 FRAUD-COUNT FOUR 13 FRAUD-COUNT FIVE 14 NEGLIGENCE PER SE 15 CIVIL CONSPIRACY 16 TRESPASS TO CHATTELS 17 INJUNCTIVE RELIEF 18...

Excerpt: ... CODE 2 FRAUD (CONCEALMENT) CACI 1901 3 VIOLATION OF RICO: 18 US C 51962(c) 4 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENCE 6 WILLFUL MISCONDUCT. MP Positions Moving party requests an order transferring venue to the Superior Court of the State of California for the County of Orange, on grounds including the following: Had she filed her action as a cross-complaint in the Orange County case, the entire action would be stayed rrnding her a...

Excerpt: ...dependent contractors. MP Positions Moving party requests an order compelling arbitration, and dismissing the PAGA claim, on grounds including the following In 2017 when Plaintiff Kimberly Costley contracted with Defendant Homeaglow Inc. for use of the Homeaglow platform to connect with individuals looking for cleaning services: she expressly agreed to resolve any disputes through binding bilateral arbitration: pursuant to the Federal Arbitration...

Excerpt: ...ated the present action by filing a Complaint against KSJV First Equity, Inc., Superior Plantscapes, and Does 1 through 20 (collectively, “Defendants”), alleging the following causes of action: (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) Retaliation in Violation ...

Excerpt: ...ed driver-assisting safety systems, concealed from plaintiffs, which cause dangerous driving conditions, such as sudden braking for no reason, and steering outside lanes. 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. FRAUDULENT INDUCEMENT – CONCEALMENT. MP Positions Moving party requests an order compelling arbitration of the Complaint, an...

Excerpt: ...in a security interest in Plaintiffs' home, when the security interest and loan 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 ins...

Excerpt: .... ZHANG; and HONG JIANG. Summary On 12/12/19, Plaintiff filed a First Amended Complaint alleging that defendants, as owners of 6676 23 Kimdale Rd. San Gabriel, CA, entered into a written construction contract, failed to pay a balance due in the amount of $27,290.00. The causes of action are: 1. FORECLOSURE OF MECHANIC'S LIEN; 2. BREACH OF WRITTEN CONTRACT; 3. COMMON COUNTS; 4. UNJUST ENRICHMENT; 5. STATUTORY PROMPT PAYMENT PENALTIES. On 6/30/20, ...

Excerpt: ...22, Defendant ROBINSON HELICOPTER COMPANY, INC. filed a Cross- Complaint against Plaintiff, for total equitable indemnity; comparative indemnity; equitable apportionment of fault; contribution; and declaratory relief, alleging that alleged personal injuries from a defective helicopter, set forth in the Trouts Plaintiffs' Complaint, case no. 22TRCV00428, were proximately caused by the negligence and/or other tort of Cross- Defendants. MP Positions...

Excerpt: ...d TRUST TRADING, INC. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and access to Defendant CMI's and associated Defendant Sanaths' operations, along with all other aspects of the business, and Defendants refuse to acknowledge Plaintiffs' majority shareholder status, and ...

Excerpt: ...ing summary judgment against Plaintiff, on grounds including the following: · Plaintiff cannot pursue a breach of implied warranty claim under Song-Beverly against GM based upon a vehicle he bought used and (ii) Count II, because Plaintiff cannot pursue a breach of express warranty claim under Song-Beverly against GM, since he did not purchase a “new motor vehicle” from GM. Nunez v. FCA US LLC, 61 Cal. App. 5th 385, 399 (2021), and Rodriguez...

Excerpt: ...laint alleging that he purchased a new 2017 Chevrolet Silverado having manufacturing defects, including vehicle shaking and vehicle hesitating to start, which Defendant's authorized dealerships were unable to repair. MP Positions Moving party requests an order compelling Defendant to serve further responses to certain document requests, and imposing monetary sanctions, on grounds including the following: · As detailed in the Separate Statement, ...

Excerpt: ...ing engine and electrical defects, and the manufacturer failed to replace the vehicle or make restitution after a reasonable number of repair attempts. 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. Plaintiffs' Positions Plaintiffs request an order compelling Defendant's further documents production, and denying the customized portions of the ...

Excerpt: ..., 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 SONG-BEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving parties request an order granting attorneys' fees, on grounds including the following: · Attorneys' fees are sought under the “lodestar” method in the amount of $66,018.00. ...

Excerpt: ...pain from a work injury as an animal caregiver, Defendant repeatedly increased the workload, refused to allow Plaintiff any time off for her doctor's appointments, and terminated her employment due to her request for accommodations. 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 ...

Excerpt: ... a proposed First Amended Complaint, adding a 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th Cause of Action for BREACH OF FIDUCIARY DUTY - DUTY OF LOYALTY. On 12/9/22, Plaintiff filed a First Amended Complaint, alleging: Starting August 2, 2017, the day after the parties stated date of marriage separation, Defendant/Cross-Complainant XIUYUAN HU withdrew $13,314.16 total from bank accounts that Defendant orally agreed were ...

Excerpt: ...iff'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 termination and reinstatement, grievance procedures, interfere...

Excerpt: ...ant/Cross-Complainant VIANEY SANDERSON, to rent the premises, but starting around April 2020, SANDERSON failed to pay rent, and so Plaintiff seeks to recover damages it incurred as a result of SANDERSON breaching her lease and personal guaranty. On 3/15/21, Defendant SANDERSON filed a First Amended Cross-Complaint, against Plaintiff, alleging that cross-defendants used the Covid-19 situation as a pretense to steal cross- complainant's bar that sh...

Excerpt: ...efendant/Cross-Complainant Summary On 8/3/20, Plaintiff/Cross-Defendant SHASHA ZHENG filed a Complaint. On 11/4/22, Plaintiff filed a motion for leave to file a proposed First Amended Complaint, adding a 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th Cause of Action for BREACH OF FIDUCIARY DUTY - DUTY OF LOYALTY. On 12/9/22, Plaintiff filed a First Amended Complaint, alleging: Starting August 2, 2017, the day after the part...

Excerpt: ...ansmission system defects, and co-Defendant PUENTE HILLS FORD breached its duty to Plaintiff to ordinary care and skill by failing to properly store, prepare, and repair the vehicle. 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 ...

Excerpt: ...PROMOTIONAL OPPORTUNITIES IN VIOLATION OF 42 U.S.C. § 1981 2. RACE DISCRIMINATION - DENIAL OF TRANSFERS IN VIOLATION OF 42 U.S.C. § 1981 3. RETALIATION IN VIOLATION OF 42 U.S.C. § 1981 4. RETALIATION IN VIOLATION OF CA GOVT. CODE § 12940(K) 5. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1985(3) 6. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1983. MP Positions Moving party requests the Court to grant a new trial as to gra...

Excerpt: ...E PERSONALLY. Notice: Okay Opposition MP: Judgment Creditors SEYEDJALIL FIROOZABADI AND HOPE and TRUST TRADING, INC. RP: Third-party Michael G. Spector, Esq., attorney for Judgment Debtors SAMMY CILING and ANKE CILING. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and acc...

Excerpt: ...d a written agreement to employ Plaintiff as CEO, by terminating his employment based upon pretexts of self-dealing 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 demurrers, on grounds including the following: · Kerner's thir...

Excerpt: ..., Plaintiff LATASHA STIGER filed a PAGA Complaint alleging that defendants did various wage-and-hour violations as to aggrieved employees. MP Positions Moving party requests an order to compel arbitration of Plaintiff's PAGA claims, and to dismiss representative PAGA claims on behalf of other employees, on grounds including the following: · The parties' arbitration agreement is subject to the Federal Arbitration Act, which strongly favors the en...

Excerpt: ...auses of action are: (1) DISCRIMINATION IN VIOLATION OF THE FEHA; (2) HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PROVIDE REASONABLE ACCOMMODATION IN VIOLATION OF THE FEHA; (5) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS IN VIOLATION OF FEHA; (6) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (7) NEGLIGENT HIRING, SUPERVISION, AND RETENTION; (8) WRONGFUL TERMI...

Excerpt: ...7/21, Plaintiff filed a Complaint alleging that Defendants, as attorneys, represented Plaintiff in a number of cases, spanning a significant period of time, but as to one case, Defendants negligently advised her, resulting in the striking of her answer and entry of default and default judgment. The causes of action are: 1. PROFESSIONAL NEGLIGENCE 2. BREACH OF FIDUCIARY DUTY 3. BREACH OF CONTRACT 4. BREACH GOOD FAITH AND FAIR DEALING. On 7/26/21, ...

Excerpt: ...vera, which has habitability violations, including cockroach infestation, spider infestation, mold contamination, dysfunctional plumbing systems, disrupted utility access to plumbing and electrical, dysfunctional electrical system, improper weatherproofing, improper ventilation, structural deficiencies, and improper construction practices posing health and safety hazards. The causes of action are: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.4 2...

Excerpt: ...20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, provided a policy for indemnity in the event of catastrophic loss, but now the Lorenzo plaintiffs are unlikely to receive any ...

Excerpt: ...ined a mortgage loan encumbering their owned residential property at 8744 Burnet Ave No. 2, North Hills, CA, and on or about April 10, 2018, a Notice of Default (NOD) was recorded by NATIONSTAR MORTGAGE, LLC, but Plaintiffs never were contacted about foreclosure alternatives as required under Civil Code Section §2923.5, and ultimately NATIONSTAR wrongfully foreclosed. MP Positions Moving party requests an order granting summary judgment against ...

Excerpt: ...g as a subsidiary of the City of Los Angeles, failed to establish a special needs trust of structured annuity payments due monthly to Vista Points Inc., thereby creating financial difficulties for Plaintiff and his son. The causes of action are: 1. 42 USC § 1983 – EQUAL PROTECTION OF THE LAW, DUE PROCESS. 2. 42 USC § 1983 - BREACH OF CONTRACT. On 12/14/21, the Court sustained, without leave to amend, a similar demurrer of co-Defendant PACIFIC...

Excerpt: ...7. Presumably due to the COVID pandemic, Plaintiff's start date at the LAFD academy was delayed. In or about January 2021, Plaintiff was informed that he was eligible to begin the LAFD academy class scheduled to begin in July 2021. In or about April 2021, LAFD confirmed that Plaintiff was accepted to the July 2021 Fire Academy class and informed him that he must appear in May 2021 to be fitted for personal protective gear and to conduct Live Scan...

Excerpt: ... Defendant GENERAL MOTORS regarding a 2018 Chevrolet Malibu, which had nonconformities remaining unrepaired after a reasonable number of attempts. MP Positions Moving parties request an order compelling deposition attendance of GENERAL MOTORS PMQ, and awarding $1,765.00 sanctions, on grounds including the following: · Plaintiffs' served a notice of deposition that lists reasonably particularized matters related to the request for repurchase of t...

Excerpt: ...aintiff filed a Complaint. On 11/24/20, Plaintiff filed a First Amended Complaint alleging: Defendants unlawfully discriminated in 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 updat...

Excerpt: ...er granting relief from default, on grounds including the following: · Defendant Kumar did not understand what was being served on her given her limited understanding of English. · She mistakenly believed her son was handling the matter, as it related to the LLC. As is Indian tradition, Mr. Kumar, Defendant's oldest son, handles all matters for Defendant. · She is elderly, age 67. · She is sued as a lease guarantor, not involved in business o...

Excerpt: ...defensible asbestos case-- Norris Morgan v. J-M Manufacturing Company, Inc., LASC Case No. BC695605, in which the underlying case plaintiffs were represented by Simmons Hanly Conroy, LLC (SHC), with lead trial associate Scott Peebles. But Defendant grossly poorly represented Plaintiff, in the action to recover damages allegedly resulting from Plaintiff's asbestos exposure, including Defendant's appalling lack of pre-trial preparation, leading to ...

Excerpt: ... judgment was filed 12/14/22 for $39,686.36. MP Positions Moving party requests an order vacating default judgment, on bases including the following: · Plaintiff improperly requested more than the amount set forth in the complaint, making the Judgment void. Rodriguez v. Cho (2015) 236 CA4th 742, 752-753. · Plaintiff cited distinguishable opinions. · Plaintiff's evidence is unsigned and incompetent. · Alternatively, the Court should modify the...

Excerpt: ...gainst the trucking defendants. On 1/13/21, this lead case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, prov...

Excerpt: ...d on workers compensation policy number 9241524-18. Plaintiff also alleges it was assigned the debt. The causes of action are: 1. BREACH OF CONTRACT 2. OPEN BOOK ACCOUNT 3. ACCOUNT STATED 4. REASONABLE VALUE. On 6/21/22, default judgment was entered against Defendant for damages of $186,144.97, attorney fees of $1,200.00, interest of $38,299.97, and costs of $650.13, for a total of $226,295.07. On 10/25/22, Defendant filed this motion to set asid...

Excerpt: ...ears, defendants have been trying to drive Plaintiff out of her leased premises, including 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 t...

Excerpt: ...tiff leased 4646 Los Feliz Boulevard, apartment 312, 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 di...

Excerpt: ...ion are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests the Court to order Plaintiff to submit to an independent mental examination, for reasons as follows: · Plaintiff claims emotional distress damages. · Plaintiff concedes that she needs to sit for an IME. · Plaintiff unreasonably is conditioning her IME on unrelated matters pertaining to a different action. · Without the results of this examination, defendant ca...

Excerpt: ... On 4/26/22, Plaintiff filed a First Amended Complaint, alleging that it is the owner of 4907-4907 ½ Wadsworth Avenue, Los Angeles, because it acquired title to the Property from Defendant RAFAEL GUTIERREZ AYALA via Grant Deed, on or about January 21, 2021, as a bona fide purchaser without knowledge of AYALA's allegations. The causes of action are: 1. QUIET TITLE 2. EQUITABLE SUBROGATION (TO IMPRESS EQUITABLE LIEN) 3. PARTITION BY SALE OF REAL P...

Excerpt: ...inue 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 NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE. On 2/19/19, defendants filed a First Amende...

Excerpt: ...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 PROFESSIONS CODE § 17...

Excerpt: ...a Complaint. On 5/19/22, Plaintiff filed a First Amended Complaint, alleging that plaintiffs contracted with Defendant UTOPIA DEVELOPMENT, INC. to remove a residential structure, at 549 Westminster Ave., Los Angeles, and to replace it with a new structure, but water staining, mold, delamination, plaster separation, and other damages resulted from defendants' contractor negligence and construction defects, including an improperly waterproofed home...

Excerpt: ...d costs, on bases including the following: · Plaintiff moves for an order awarding attorneys' fees under the “lodestar” method, in the amount of $54,338.00. · Plaintiffs also request a modest “lodestar” enhancement of 0.5, in the amount of $27,169.00, for a total of $81,507.00 as the attorneys' fees actually and reasonably incurred. · Plaintiff also moves for reimbursement of verifiable costs and expenses in the amount of $18,228.23. �...

Excerpt: ... Second Amended Complaint, alleging: Defendant SARGEANT MARK BAILEY subjected Plaintiff to a hostile working environment and discrimination. Other defendants, having a gang-like mentality of conspiring against those outside the inner group, did not respond to Plaintiff's complaints. Plaintiff complained of discrimination based on disability, sexual orientation, race, and retaliation for filing a worker's compensation claim. Also, the employer fai...

Excerpt: ...atory relief regarding insurance benefits, after 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 on 8/16/21, after the petitioners' depositions were taken. MP Positions Moving parties request an order sustaining the demurrer to the First Amended Complaint, on grounds including the following: · The Firs...

Excerpt: ...ERMINATION IN VIOLATION OF PUBLIC POLICY; 2. PREGNANCY DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 12940 et seq.; 3. RETALIATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; 4. FAILURE TO PREVENT PREGNANCY DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; 5. HOSTILE WORK ENVIRONMENT; 6. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 7. SEX DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; and 8. DECLARATORY ...

Excerpt: ... in February 2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed the Cross-Complaint. On 5/2/22, Defendant AZIZBEK KURBANOV filed a First Amended Cross- Complaint against STATE FARM and three other alleged insurers, for breach of contract, bad faith and unfair business practices, alleging there was insurance coverage as to the rental of a TURO vehicle, and an automobile accident driving it, on 2/12/19. MP Positions Moving party requests an order g...

Excerpt: ...s 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 NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE...

Excerpt: ... for New Force International Education, and Plaintiff paid a total of $39,950.00. Defendant Weng deliberately used different business entities in the Service Contract, and on her business card, to confuse Plaintiff, and to create the false impression that she was a successful businesswoman with great resources and capabilities. The causes of action are: 1. INTENTIONAL MISREPRESENTATION 2. NEGLIGENT MISREPRESENTATION 3. RESCISSION OF CONTRACT 4. B...

Excerpt: ...iled the lead action, Lorenzo v. Los Morales (19STCV23612) against the trucking defendants. On 3/30/20, plaintiffs filed the Complaint, Lorenzo v. LAUSD (20STCV12415), against LAUSD and others. On 1/13/21, this lead case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. On 2/3/21, plaintiffs filed the Second Amended Complaint, regarding separately filed wrongful death lawsuits that arise out of the same double fatal pede...

Excerpt: ... this action, including constructive employment termination, and.alleging that Plaintiff worked as a maintenance worker, and employer Defendant City of Lawndale intentionally assigned Plaintiff to do work that violated his medical restrictions, and refused to offer available, reasonable work accommodations, based upon discrimination and retaliations. The causes of action of the Third Amended Complaint are: 1. VIOLATION OF THE FAIR EMPLOYMENT AND ...

Excerpt: ...and during Plaintiff's dental treatments, each defendant misrepresented, in a marketing scheme, to Plaintiff and others, that Defendant EDWARD MORANDO was licensed, authorized and qualified to perform tooth extractions and other dental services. Defendants ST. JOHN'S WELL CHILD & FAMILY MEDICAL CENTER and KOUROSH MICHAEL BERAL, D.D.S. and DR. DEHGHAN- SHIRAZI failed to properly train, screen, and supervise, management, staff and medical care work...

Excerpt: ... handcuffed and arrested him, and said they were looking for a robbery suspect who was an African American male, but it was not Plaintiff. The counts are: I. UNRUH CIVIL RIGHTS ACT, CIVIL CODE §§ 51 et seq. II. TOM BANE CIVIL RIGHTS ACT, CIVIL CODE § 52.1. III. BATTERY. IV. NEGLIGENCE. MP Positions Moving party requests an order directing Plaintiff to remove deputy video from you tube and other social media of Plaintiff, and imposing monetary ...

Excerpt: ...r compelling arbitration and staying this action, on grounds including the following: · Plaintiff entered into a Retail Installment Sales Contract containing a broad arbitration provision covering all claims arising out of the purchase or condition of his purchased Altima. · Nissan may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 496–99. · Nissan may enfo...

Excerpt: ... engage in a good-faith interactive process or reasonably accommodate Plaintiff's disability and discriminated and retaliated against Plaintiff based on her disability and whistleblowing. MP Positions Moving party requests an order sustaining the demurrer to the Fourth Cause of action for Whistleblower Retaliation of the Second Amended Complaint, and granting the motion to strike, on grounds including the following: · Plaintiff failed to present...

Excerpt: ...red engine and brake defects, which vehicle was manufactured by Defendant General Motors, LLC. MP Positions Moving parties request an order compelling Defendant's further document responses, and imposing monetary sanctions ($2,685.00), on grounds including the following: · Aside from asserting inappropriate objections, Defendant has failed to provide any substantive response to many of Plaintiffs' requests. · Requests for Production Numbers 19 ...

Excerpt: ...ase was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. On 2/3/21, plaintiffs filed the Second Amended Complaint, 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 fai...

Excerpt: ...filed a First Amended Petition, requesting declaratory relief regarding insurance benefits, after 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 on 8/16/21, after the petitioners' depositions were taken. MP Positions Moving parties request an order striking damages allegations barred by the two-year St...

Excerpt: ... RP: Plaintiff Defendant Summary On 10/16/20, Plaintiff MIKISHA CURRY filed a representative PAGA Complaint alleging that Defendant as employer at a nursing home committed various wage-and-hour violations. MP Positions Moving party requests an order compelling arbitration, and striking, dismissing or staying the non-individual PAGA claims, on grounds including the following: · Plaintiff had upon hire signed an agreement committing such claims to...

Excerpt: ...er sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff is seeking damages for unpaid rent for during, before and after the pandemic moratorium period. · County of Los Angeles' COVID-19 Resolution 1.25.2022 (1) bars commencement and litigation of a commercial unlawful detainer action until January 31, 2023, and (2) bars all actions on commercial lease guarantees until the same time. Also, the Resolution bars...

Excerpt: ...intiff to provide medical services to defendants' patients, but defendants conversely contend that Plaintiff is entitled to the professional fee liens for just 11 of approximately 270 procedures, and that defendants have not had any duty to exclusively use Plaintiff for some of the listed exclusive procedures. Additionally, defendants used Plaintiff's likeness on marketing material without Plaintiff's consent. MP Positions Moving party requests a...

Excerpt: ...al 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 PROFESSIONS CODE § 17200, ET SEQ. 6. VIOLATION OF...

Excerpt: ...equest an order awarding attorneys' fees and costs, in the sum of $43,725.01, on grounds including the following: · GM merely contends that "Plaintiffs' counsels' fees are unreasonable and exaggerated" with the only evidence in support being the personal opinion of its counsel, which is not the standard upon which this Court must use in determining whether Plaintiffs are entitled to their fees and costs. Attorney fee awards should be "fully comp...

Excerpt: ...ent as camera operator, including by allowing ongoing sexual harassment by a coworker, and reducing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WORK ENVIRONMENT (CAL. GOV. CODE § 12940(J)) 2) DISCRIMINATION (CAL. GOV. CODE § 12940(A)) 3) RETALIATION FOR OPPOSING DISCRIMINATION AND HARASS...

Excerpt: ...er Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and access to Defendant CMI's and associated Defendant Sanaths' operations, along with all other aspects of the business, and Defendants refuse to acknowledge Plaintiffs' majority shareholder status, and ousted Plaintiffs. The causes of action are: 1) BREACH OF CONTRACT - WRITTEN 2) BREACH OF CONTRAC...

Excerpt: ...04. Allegedly, Plaintiff, and represented, aggrieved employees, experienced defendants' violations in Los Angeles, including failure to properly pay wages for all overtime and regular hours work, failure to properly calculate overtime compensation, unlawful meal and rest period policies, failure to pay all wages due to discharged or quitting employees, failure to maintain required records, failure to provide accurate itemized wage statements, fai...

Excerpt: ...l services to defendants' patients, but defendants conversely contend that Plaintiff is entitled to the professional fee liens for just 11 of approximately 270 procedures, and that defendants have not had any duty to exclusively use Plaintiff for some of the listed exclusive procedures. Additionally, defendants used Plaintiff's likeness on marketing material without Plaintiff's consent. MP Positions Moving party requests an order summarily adjudi...

Excerpt: ...14.16 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 faked practicing her employing enti...

Excerpt: ...ANCARLO INCALZA filed a Complaint. On 3/22/21, Plaintiff filed a First Amended Complaint, alleging that defendants wrongfully terminated his employment, based on age discrimination, and fraudulently induced Plaintiff to sign a severance agreement, release, and illegal noncompetition agreement prohibiting work for Porsche, which he did not fully understand due to limited fluency in English, because of high- level management's repeatedly stating th...

Excerpt: ... The causes of action are: (1) DISCRIMINATION IN VIOLATION OF THE FEHA; (2) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (5) BREACH OF EXPRESS ORAL CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOODCAUSE; (6) BREACH OF IMPLIED-IN-FACT CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE. MP Positions...

Excerpt: ...cking noise in his chest, which thereafter was discovered to be an improperly closed chest plate by doctors at KECK MEDICAL CENTER OF USC. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The applicable one-year Statute of Limitations expired. · Plaintiff's Complaint states that plaintiff underwent a three-vessel coronary artery bypass graft surgery performed by DR. MAUE...

Excerpt: ...IOLATION OF THE FEHA; (2) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (5) BREACH OF EXPRESS ORAL CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOODCAUSE; (6) BREACH OF IMPLIED-IN-FACT CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE. MP Positions Moving party requests an order compelling arbitra...