Excerpt: ... conditions, after Plaintiff reported a safety issue and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k...

Excerpt: ...t, when Defendant CRAIG CORNWELL became 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 an...

Excerpt: ... clicking 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. · According to the complaint, the surgery occurred in June, 2020 at Huntington Hospital. (Compl. ¶ 25.) Then, Plaintiff alle...

Excerpt: ... On 4/6/21, Plaintiff J-M MANUFACTURING COMPANY, INC. filed a Complaint. On 8/25/21, Plaintiff filed a First Amended Complaint, alleging: Defendant WFBM, LLP provided legal representation as to a 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 gross...

Excerpt: ...to amend as to the first, second, and fourth causes of actions. Plaintiff is granted 30 days leave to amend as to the seventh, eighth, and ninth causes of action. Defendants are to give notice. Background This landlord/tenant action arises out of a lease by Brad Axelrod (“Plaintiff”) of real property located at 1646-1646 ½ South Holt Avenue, Los Angeles, California (the “Property”). Plaintiff alleges the lease was for an illegal dwelling...

Excerpt: ...PUTY SHERIFFS. RP: Respondent/Cross-Petitioner HONORABLE ALEX VILLANUEVA, SHERIFF; ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS (proposed opposition in intervention). Petitioner/Cross-Respondent COUNTY OF L.A. Summary On 10/12/21, Petitioner County of L.A. filed the First Amended Petition, alleging that the Sheriff's refusal to comply with a Subpoena issued by the Office of Inspector General (OIG), on 2/25/21, subjects him to enforcement via proce...

Excerpt: ...individual, as alter egos. MP Positions Moving party requests an order amended the Default Judgment, on grounds including the following: · “M ELLIS INVESTMENTS, INC.,” associated with Defendant's sister, apparently is an alter go of defendants, which received some of defendants' assets, to evade Plaintiff creditor. Tentative Ruling The unopposed motion is granted. The Court will sign and file an amended default judgment adding as Defendant �...

Excerpt: ...LZA 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 that the agree...

Excerpt: ...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. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.22—TANNER CONSUMER PROTECTION ACT. MP Positions Moving party requests an order compelling this action into arbitration, on grounds including the following: · When the subject vehicle was leased, it was done in connection with a Mo...

Excerpt: ...Complaint alleging a controlling owner's decision to unlawfully expel Plaintiff as a minority owner in Defendant HIDDEN PPF, LLC, and to strip Plaintiff's vested 15% equity membership interest in a multimillion-dollar company, plus defendants terminated Plaintiff's employment without cause and without paying Plaintiff compensation due. The causes of action are: 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALIN...

Excerpt: ...habilitation since the City had issued, on 1/20/22, a Legal Notice and Order to Repair or Abate. MP Positions Moving party requests an order awarding attorneys' fees ($12,722.60) and expenses ($400.00), on grounds including Health and Safety Code sections 17980.7(c)(11) and 17980.7(d)(1), Code of Civil Procedure section 1032(a)(4), and LMC section 3-16.09, and the following: 1. Before filing this action, the Subject Property contained numerous vi...

Excerpt: ...ants 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 that the agreement was drafted to mean that Plaintiff could apply for other jobs at Porsche, and then defendants...

Excerpt: ...gligently did not repair uninhabitable conditions including: (a) Cockroach infestation; (b) Bedbug infestation; (c) Rodents infestation; (d) Termite infestation; (e) Water leaks and plumbing issues; (f) Cracks and crevices throughout the units; (g) Deteriorating cabinetry; (h) Missing or defective smoke or carbon monoxide detector; (i) Door frame damage; (j) Damaged flooring/tile; (k) Plumbing work done without a permit or inspection approval; (l...

Excerpt: ... ANYANWU filed a Complaint. On 4/15/22, Plaintiff filed a First Amended Complaint, alleging: Before 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. DEHGH...

Excerpt: ...t practices, including failing to properly calculate the regular rate of pay for purposes of paying overtime, meal period premiums and sick pay, provide off-duty rest breaks, pay all wages owed upon separation of employment, and provide accurate itemized wage statements to Plaintiff and the Aggrieved Employees. MP Positions Moving party requests the Court to approve a PAGA settlement, on bases including the following: · The settlement was reache...

Excerpt: ...rned without parts, and the decedent had owed Plaintiff for an unpaid loan in breach of contract. The causes of action are breach of contract and common counts. MP Positions Moving party requests an order granting judgment on the pleadings on the Complaint, on grounds including the following: • Plaintiff's Complaint against the Defendant, Maricela Montelongo, The Administrator of the Estate of Klaus Goettel (“Administrator”) is time barred ...

Excerpt: ...f as to rights or obligations under an insurance policy regarding an alleged car accident in February 2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed a 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. MP Positions Moving party requests an order sustaining the demurrer to the First Ame...

Excerpt: ...ges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) On February 28 and March 1, 2022, a bench trial was held where Plaintiff prevailed. The Co...

Excerpt: ...causes of action are: 1. FAILURE TO PAY STATUTORILY MANDATED WAGES; 2. FAILURE TO PROVIDE ACCURATE ITEMIZED EARNINGS STATEMENTS; 3. INDEMNIFICATION OF EMPLOYEE EXPENSES; 4. PROMISSORY FRAUD; 5. BREACH OF EXPRESS CONTRACT; 6. UNFAIR BUSINESS PRACTICES. MP Positions Moving parties request an order sustaining the demurrer, as to one contract of the contract claim, on grounds including the following: · There was no formation of the alleged settlemen...

Excerpt: ...a large animal kennel operation on residential property, in violation of zoning and permit laws, causing odors, noise and disease risks, and making unlivable plaintiffs' residence located at 8743 Wonderland Park Avenue, Los Angeles. The causes of action are: (1) PRIVATE NUISANCE [CIVIL CODE §§ 3479, 33481]; (2) TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTION [CODE OF CIVIL PROCEDURE § 526]; (3) DECLARATORY JUDGMENT. MP Positions Moving partie...

Excerpt: ... and transmission problems, not repaired after a reasonable number of attempts. MP Positions Moving parties request an order compelling Defendant to serve further document responses, on grounds including the following: · Defendant does not provide a Code-compliant response, by failing to indicate its level of compliance with Plaintiffs' requests, and lodging boilerplate objections, making it nearly impossible for Plaintiff to determine whether D...

Excerpt: ...Deputy Sheriff, caused to be received a 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 com...

Excerpt: ...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 religio...

Excerpt: ...ss-Defendant BROADWAY EXCHANGE filed a Complaint alleging that, around February 2015, it entered into a commercial lease, and a personal guaranty, with Defendant/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 ...

Excerpt: ...the warranty did not cover commercial business that Defendant knew plaintiffs planned for the vehicle, and so plaintiffs did not obtain added coverage to pay for future vehicle repairs. MP Positions Moving party requests a protective order quashing all plaintiffs' discovery except for just form interrogatories, and imposing monetary sanctions ($2,025), on grounds including the following: · Plaintiffs included many irrelevant Lemon Law discovery ...

Excerpt: ...thereafter experienced unrepaired problems, such as with air conditioning system failure, display issues, and squeaking brakes. MP Positions Moving party requests an order compelling arbitration, and staying this action, on grounds including the following: · Plaintiff entered into a Retail Installment Sales Contract (“Sales Contract”) that contained a broad arbitration provision. · Nissan may enforce the Arbitration Provision pursuant to th...

Excerpt: ...a wet floor of a restaurant and grocery store called Super Tiendas La Tapachulteca, at 6569 Van Nuys Blvd., Van Nuys, and has obtained a judgment in a prior action, which he has been unable to enforce, due to a fraudulent conveyance. On 3/11/21, Plaintiff filed motion for leave to file a First Amended Complaint, adding two defendants. MP Positions Moving party requests an order compelling further responses to special interrogatories, and to docum...

Excerpt: ...ir dangerous habitability violations, including water bug infestation, mold contamination, dysfunctional plumbing systems, dysfunctional electrical systems, improper fire protection systems, and improper ventilation, which caused Plaintiff to experience immense stress, anxiety, depression, fearfulness, worry, loss of appetite, loss of sleep, nightmares, disgust, shame, and embarrassment. The causes of action are: 1. VIOLATION OF CALIFORNIA CIVIL ...

Excerpt: ...ANTS as an Accounting Manager on or about August 23, 2019. 10. Approximately five months into her employment with ENTITY DEFENDANTS, PLAINTIFF was consistently deprived of her due meal periods, as they were frequently interrupted. PLAINTIFF complained to ENTITY DEFENDANTS about these problems, but nothing was done to remedy them. 11. PLAINTIFF is of European descent and her skin color is white. During her employment with ENTITY DEFENDANTS, PLAINT...

Excerpt: ... and they the connection between Plaintiff's injury and employment. On 10/23/19, Plaintiff filed a motion for leave to file a First Amended Complaint, adding alleged Labor Code violations. MP Positions Moving party requests an order imposing sanctions, and quashing or modifying Deposition Subpoenas for the Production of Business Records to Berkshire Hathaway Homestate Insurance Company (motion, Exhibit A), Hefley Law, APC (Exhibit B), Oak River I...

Excerpt: ...ment when she intended to disclose Pacific's COVID-19-related conduct to the California Labor Board. The causes of action are: 1) WHISTLEBLOWER RETALIATION IN VIOLATION OF LABOR CODE 1102.5 2) RETALIATION IN VIOLATION OF LABOR CODE 98.6 3) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY-TAMENY CLAIM 4) FAILURE TO PROVIDE REST BREAKS 5) FAILURE TO PAY OVERTIME 6) FAILURE TO PROVIDE ACCURATE WAGE STATEMENT 7) VIOLATION OF UNFAIR COMPETITION LAW....

Excerpt: ...g on his vehicle is disliked, officers of the City of Burbank, without prior notice, have seized and impounded motor vehicles owned, possessed, or used, by plaintiff, for purported violations of the 72-hour parking restrictions in Burbank Municipal Code §6-1-1010. The causes of action are: 1. DECLARATORY AND INJUNCTIVE RELIEF RE VEHICLE CODE PREEMPTION OF CITY ORDINANCE. 2. DECLARATORY AND INJUNCTIVE RELIEF RE VIOLATION OF CALIFORNIA DUE PROCESS...

Excerpt: ...ession, and stole, destroyed and disposed of plaintiffs' personal property there. The causes of action are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests an OSC hearing re contempt, and issue (precluding damages proof), and monetary ($2,260.00), sanctions, against nonparty SOUTHERN CAL WELLNESS CENTERS, INC. (SCWC) and Plaintiff SERGIO MORALES, on grounds including the following: · On July 12, 2022, the Court ordered...

Excerpt: ...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. On 8/3/20, Cross-Complaint was filed by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. On 8/24/22, defendants filed a motion seeking to amend def...

Excerpt: ...undance of caution, had waited until the Covid-related eviction moratorium ended. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff is inappropriately seeking to collect Rent, as defined in the Lease, in violation of Section 49.99.3 of the City of Los Angeles Ordinance No. 186606, entitled Prohibition on Commercial Evictions, which states, “[d]uring the Local E...

Excerpt: ... 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 the demurrer to the First Amended Complaint, on grounds including the following: · The only cause of action against SRAX – inducing breach of contract – is based solely on t...

Excerpt: ...A, INC. and YOUNG HAN KIM, entered into a written contract for a business loan, but defendants subsequently breached by failure to make payments, causing damages in the sum of $133,150.89. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · The almost 50 percent interest rate exceeds the 10% maximum interest rate permitted under Article XV, section 1 of the California Const...

Excerpt: ...ENTATION 3. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 4. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 5. NEGLIGENT MISREPRESENTATION 6. NEGLIGENT MISREPRESENTATION 7. NEGLIGENT MISREPRESENTATION 8. NEGLIGENT MISREPRESENTATION 9. UNJUST ENRICHMENT 10. NEGLIGENCE 11. NEGLIGENCE 12. UNJUST ENRICHMENT 13. BREACH OF CONTRACT 14. BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 15. BREACH OF THE COVENANT OF G...

Excerpt: ...s action. On 1/6/21, plaintiffs CASEY FATCH and ALEXANDER YU filed a Second Amended Complaint alleging that Defendant VASQUEZ & COMPANY LLP (employer's outside auditor) failed to properly investigate fraud and misconduct of CENTRAL 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 contra...

Excerpt: ...other charges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) MP Positions Moving party requests prejudgment interest in the amount of $16,036...

Excerpt: ...g nails and asbestos), those conditions lasted unrepaired for 5 months, and the bedroom ceiling collapsed on them while sleeping in bed, notwithstanding plaintiffs' repeated complaints to the owner and manager defendants. The causes of action are: 1. NEGLIGENT BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 2. INTENTIONAL BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 3. NUISANCE (NEGLIGENT); 4. NUISANCE (INTENTIONAL); 5. NEGLIGENCE; 6. INTENTIO...

Excerpt: ...tiff Summary On 11/8/21, Plaintiff filed a Complaint. On 3/15/22, Plaintiff filed a First Amended Complaint alleging: Plaintiff is an association of Hispanic/Latinx families having developmentally disabled children entitled to state-funded services, under the Lanterman Developmental Disabilities Services Act. Welf. & Inst. Code §§ 4500 et seq. Defendants Department of Developmental Services Director Nancy Bargmann (DDS) and Harbor Developmental...

Excerpt: ...“MBUSA”), LAD-MB, LLC d/b/a Mercedes-Benz of Los Angeles, and Carwell, LLC d/b/a Mercedes-Benz of South Bay (“MBSB”). The Complaint sets forth allegations that, on January 5, 2021, Plaintiff purchased a 2020 Mercedes-Benz CLA 250, which included express warranties regarding the utility and performance of the subject vehicle. It is further alleged that the subject vehicle was delivered to Plaintiff with defects and nonconformities and/or d...

Excerpt: ...stance decedent required with eating and drinking inabilities caused by dementia, and decedent's condition deteriorated due to hypoxemic respiratory failure, pneumonia, and Covid, leading to death “from extreme respiratory infection/syndrome and other injuries… (e.g., Complaint, ¶¶ 44 -50, 54-55). The causes of action are: 1. ELDER ABUSE AND NEGLECT (WELF. 8 INST. CODE, 515600, ET SEQ.) 2. VIOLATION OF PATIENT RIGHTS (HEALTH & SAFETY CODE $...

Excerpt: ...n 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 instead with another lender. On or about July 7, 2008, timely, within three years...

Excerpt: ...ing 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 trust to himself, and seeks to foreclose on the extinguished first deed of trust, using ...

Excerpt: ...12, 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 disposed of his personal property. The causes of ac...

Excerpt: ... managed the property, and, in order to profit off of low-income tenants, and to pressure them to vacate, notwithstanding the tenants' repeated complaints to them and government, defendants intentionally refrained from sufficiently repairing dangerous conditions including cockroach infestation, black widow infestation, mold contamination, dysfunctional plumbing systems, deteriorated carpeting, inoperable heater, improper weatherproofing, and miss...

Excerpt: ...taliated with pretexts and adverse working conditions, after Plaintiff reported a safety issue, and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETAL...

Excerpt: ...eased to Plaintiff unfit for human habitation and detrimental to her health and safety. The causes of action are: 1. BREACH OF IMPLIED WARRANTY OF HABITABILITY 2. NEGLIGENCE 3. NUISANCE 4. BREACH OF COVENANT OF QUIET ENJOYMENT 5. VIOLATIONS OF CIVIL CODE SECTION 1942.4. MP Positions Moving parties request an order striking allegations regarding punitive damages, on grounds including the following: · Plaintiff's claim and prayer for punitive dama...

Excerpt: ...n authorized upon contemnors. In re Abrams (1980) 108 Cal. App. 3d 685, 691.). No Opposition MP: 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 res...

Excerpt: ...20, Plaintiff JOSE ANTONIO OLIVARES LIRA filed a Complaint, alleging a breach of contract and fraud, committed by Defendant, after Defendant agreed to produce textile materials in exchange for money tendered by Plaintiff, but Defendant never delivered. MP Positions In addition to initial responses, moving party requests an order compelling Defendant SILVESTRE COSIO to serve further responses to requests for admissions, and awarding $3,261.50 sanc...

Excerpt: ...ded Plaintiff without pay, and thereafter denied accommodations. By December of 2021, the employer created working conditions so intolerable that a reasonable person in Plaintiff's position had no reasonable alternative but to resign. The causes of action are: 1. UNLAWFUL DISCRIMINATION BASED UPON DISABILITY IN VIOLATION OF CALIFORNIA GOVERNMENT CODE tt12940 (a); 2. FAILURE TO PREVENT DISCRIMINATION IN VIOLATION OF CAI IFORNIA GOVERNMENT CODE 111...

Excerpt: ...idence at 3751 Lankershim Boulevard, initially due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Also, that pleading alleges post-judgment aiding and abetting of sale of the subject property to Lanker Partnership, to hinder Plaintiff as judgment creditor, after prevailing at trial on those underlying facts. Before ...

Excerpt: ...LABS. 3. Defendants VITALINA KANCILIA and OLHA KUKSHYN. 4. Defendants VITALINA KANCILIA and OLHA KUKSHYN. RP: 1 – 4. Plaintiff. Summary On 12/7/21, Plaintiff DIRK H. KANCILIA filed a Complaint against defendants ROMAN LAPSHUK, et al. On 2/28/22, Plaintiff filed a First Amended Complaint alleging: Defendant ROMAN LAPSHUK induced Plaintiff to loan him and W.D. LABS monies, in exchange for 25 percent of the revenue or profits that W.D. would gener...

Excerpt: ...C. and YOUNG HAN KIM, entered into a written contract for a business loan, but defendants subsequently breached by failure to make payments, causing damages in the sum of $133,150.89. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · The alleged assignment is uncertain as to details. · Exhibit A to the Complaint is not an executed contract. · Facts regarding breach are ...

Excerpt: ...les, 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 LIFE INSURANCE COMPANY, based on the dem...

Excerpt: ... 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 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 need...

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 f...

Excerpt: ... misconduct to Defendant, Defendant failed to engage in a good-faith interactive process or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. MP Positions Moving party requests an order granting leave to file a proposed Second Amended Complaint, on grounds including the following: · Recent discovery supports Plaintiff's Retaliation Cause of Action. · Plaintiff has since taken the depositi...

Excerpt: ...o plaintiffs, as co-owners (25% to Plaintiff, 25% to Plaintiff YESSICA ESPINOSA, 25% Plaintiff EMMANUEL ESPINOSA, 25% Plaintiff NORA SUSANA ARELLANO, and 25% to Defendant NORA MORAN ARELLANO), in exchange for plaintiffs obtaining funds and orchestrating all repairs for rehab of the property, and then placing it for sale. The causes of action are: 1) PARTITION OF REAL PROPERTY 2) BREACH OF CONTRACT 3) BREACH OF COVENANT OF GOOD FAITH AND FAIR DEAL...

Excerpt: ...alleging the foreclosure sale of the family residence at 3751 Lankershim Boulevard, due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Before reversal and remand in appellate proceedings (opinion, filed 11/16/21), the Court had granted moving defendants motion to dismiss this action under the five-year statute. MP P...

Excerpt: ...nt alleging that Defendant, as employer, paid Plaintiff and other aggrieved employees piece-rate, in the sum of $60 per patient visit, which involved wage-and-hour violations, including failures to pay overtime, and allow meal and rest breaks. MP Positions Moving party requests an order compelling Defendant's further responses and production of documents, as to Plaintiff's Request for Production of Documents, Set 1, and awarding monetary sanction...

Excerpt: ...FIED WRITTEN RESPONSE WITHOUT OBJECTIONS AND PRODUCTION OF HARD DRIVE AND/OR ISSUE SANCTIONS AND FOR MONETARY SANCTIONS OF $1,160.00 AGAINST SERGIO MORALES. Notice: Okay (continued from 6/22 re 1 opp. filed 6/21, and a second opp. filed 7/22/22). Opposition MP: Defendant RP: Plaintiffs Summary On 10/10/19, plaintiffs filed a Complaint alleging that defendants forced their way into plaintiffs' residential property at 3231 City Terrace, took over p...

Excerpt: ...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). MP Positions Moving party requests the Court to disqualify defense counsel, on bases including the following: · Plaintiff's counsel inadvertently produced documents to Defendant, which were protected by her attorney-client privilege; · While the merits of Plaint...

Excerpt: ... Joe's supermarket in Silver Lake, in pursuit of Gene Atkins. The Complaint, filed November 29, 2018, asserts causes of action against Defendants City of Los Angeles, Sinlen Tse, Sarah Winans, and Does 1-100 for (1) Negligence, (2) Violation of Civil Rights Act (Bane Act), (3) Negligent Hiring, Training, and Supervision, (4) Battery and (5) Wrongful Death. MP Positions Plaintiffs move for an order granting summary judgment, or summary adjudicatio...

Excerpt: ...plaint, alleging that defendants made false consumer complaint to the Contractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving parties request an order striking Plaintiff's Complaint, and awarding attorneys' fees and costs, on grounds including the following: · Each of the Causes of Action against Defendants arises from an act ...

Excerpt: ...led a Complaint. On 7/6/21, Plaintiff filed a First Amended Complaint, alleging that the employer constructively terminated Plaintiff's employment 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 WOR...

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 f...

Excerpt: ...Plaintiff has received no wages for working about January 2019 through about June 6, 2019, and Plaintiff has not received any dividends as a shareholder after about June 2019. The Plaintiff's causes of action are: 1. CONVERSION; 2. BREACH OF FIDUCIARY DUTY; 3. AIDING AND ABETTING BREACH OF FIDUCIARY DUTY; 4. NEGLIGENCE; 5. UNJUST ENRICHMENT; 6. VIOLATION OF CAL. LABOR CODE §§ 1194, 1194.2, 1197, AND WAGE ORDER (FAILURE TO PAY MINIMUM WAGE); 7. ...

Excerpt: ...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 trust to himself, and seeks ...

Excerpt: ...ractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving party requests an order staying this case pending a decision and possible appeal, sometime after 1/5/23, on grounds including the following: · A temporary stay is necessary pending a Writ of Mandate decision involving the same parties in the action. · A stay will not prejudi...

Excerpt: ...xyl) phthalate ("DEHP") and/or Lead or Lead Compounds, in “Ground Cinnamon”, “Umbrella”, Window Car Mount”, and “Ground Ginger.” 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 as of sixty (60) days after the Effective Date (the “Compliance Date”), (a) Grocery Outlet shall not d...

Excerpt: ...7/17, Plaintiff YEVGINE BARSEGHYAN filed a Complaint. On 10/15/20, Plaintiff filed a First Amended Complaint, alleging that, about June 2015, the entity defendant sold a home, without disclosing to Plaintiff known defects (e.g., mold, rain- collapsing roof) caused by the 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,...

Excerpt: ...s, 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 party requests an order granting summary judgment, or summary adjudication of the First and Third Causes of Action, against plaintiffs, on grounds including...

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...